What is a Patent? Part 3 of 3

Brought to you by Denver Patent Lawyer Mark Trenner.

A “utility” patent covers any “new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof.”  This has been interpreted in U.S. courts to include inventions that include computer programs (software), as well as “methods of doing business,” even though these are each contentious in international relationships. patent lawyer
To attain patent protection in foreign countries, a patent application must be filed in each individual country, in accordance with the terms their national laws.  International regulations help to streamline this costly process by allowing applicants to consolidate examinations and modifications in a single process, prior to adhering to the application process in each individual country.
Patent applications can be difficult to accurately draft and regularly result in administrative arguments with the examiner handling your patent.  This process can take years to complete, with no guarantee in the end that a patent will ever be issued from a particular application. It is advised that you obtain counsel for a qualified patent attorney to assist you with the patent process.  Especially if you believe your invention could be of great value and worth protecting.  Regardless if you seek counsel or not, this process can be very expensive and time consuming, so having some help in your corner can help relieve some of your burden

As you can see the answer to the question “what is a patent?” is very complicated as there are many types of patents.  You would be hard pressed to find just one correct response to the question.  If you are trying to decide whether or not to apply for a patent, please do your research, and don’t be ashamed to seek advice from a professional.  This could save you valuable time in the long run.

What is a Patent? Part 2 of 3

Brought to you buy Colorado patent attorney Mark Trenner

patent attorney
The most common patent is the “utility” patent, which, in the United States is effective for a period of 20 years from the date of filing (unless it was filed before1995, in which case it is effective for 17 years from date of issue, or 20 years from date of application, whichever is later).  You can also apply for a “provisional” patent which is less expensive to file than a utility patent.  However, the protection last for only one year, after which time you must file for the more common patent.  Provisional patents are seen as a cost effective way to get a grace period before filing for a non-provisional patent.  This will allow the inventor some time to market their invention before incurring the cost of a non-provisional patent.
There are some other types of patents not as common:
A “design” patent only protects a new, original ornamental shape and appearance of a specific class of objects (such as shoe treads, perfume bottles, household appliances), and only for a limited time of 14 years from date of grant.
A “plant” patent covers a new and distinct, asexually reproduced species of plant, for the same period of years as for a utility patent (i.e., 17 or 20 years). Some forms of patents have periodic payments after they are issued, and they can not be enforced if they lapse.

What is a patent? Part 3

What is a Patent? Part 1 of 3

Brought to you by Denver patent attorney Mark Trenner…

A patent is a property right granted by the Government of the United States of America to an inventor for this purpose only- “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.

what is a patent
It is commonly thought that a patent is a ‘government grant’ that gives the patent owner exclusive rights to a process, design, plant or new invention for a set period of time.”  In fact, a patent is not an exclusive right to anything at all. What it does is exclude someone else from: Making, copying, using, selling, offering to sell, or importing in to the U.S.A. any infringing articles or processes, from the time the patent is published to the time it lapses.

Therefore, just because you are granted a patent, it does not allow you any certain right to create your own invention, particularly if parts of your invention have already been patented by others.

The public policy essential to patents is that inventors should have the chance to gain an advantage from their invention, to the exclusion of others or by licensing to others, in exchange for publishing a complete description of the invention and how it was created. By doing this, inventive know how is expressed willingly, and cannot be abused directly by others without the risk of penalties. In order to take advantage of someone else’s patented invention, you would need to find your own way to do the same thing, but at least the process for creativity has started.

What is a patent?  Part 2 of 3