Patents protect businesses by giving them the right to prevent others from using their IP.
There are several ways to think about patents. First, they are a tool that businesses can use to protect their IP and maintain control over it. It is important to remember that patents do not protect inventions or processes; they only provide a mechanism for enforcing those rights.
In the United States, a patent is an exclusive right grant by the USPTO (US Patent and Trademark Office). A patent does not necessarily mean an invention has been create; instead, it protects a particular process for creating something new.
Patents can use as “prior art” but this term is confusing because you have to have actually used the patented process to find out if it is infringing on another’s IP. (It would be like checking someone else’s email for spam). There are some exceptions for using the patent process in an “exemplary manner” — but these are very rarely use or enforced.
There are two types of patents: utility patents protect new products. Design patents protect designs of products; and plant variety protection protects plants and fruits. Utility patents create in 1918 when Congress pass the Federal Patents Act as part of the Clayton Antitrust Act. Which pass in 1914 under President Woodrow Wilson’s administration (Wilson was very active in antitrust issues). Utility patents were originally design with tobacco companies such as Philip Morris in mind.
But today they are available to any inventors with an idea who can show that his/her product has been make by one of the previous owners. (Though there may some conditions attached), or invented independently by someone later. Design patents were originally intend to prevent copycats from copying each others’ designs. But have become more popular over time because of their potential for protecting specific designs against copycats while also reinforcing the uniqueness of original works.
Plant variety protection protects plants and fruits against cross-pollination between different varieties via pollen grains. (Which can complete using genetic engineering) rather than using traditional plant breeding techniques. Which do not work on plants outside their native range. Plant variety protection is also easier to enforce. There are no specific test methods required for establishing. Whether a plant variety has been protect or not (unlike utility patents). So plant breeders can avoid having to spend time proving ownership based on actual proof rather than simply taking someone else’s word that their product isn’t infringing on another’s IP.
Patent law can protect new processes or algorithms, inventions, materials or any combinations thereof.
The right to prevent others from making, selling or using one’s IP is valuable. Today, it is the foundation of our whole economy. But, there are some questions that many people ask about patent law:
When do inventions become inventions?
How do you get a patent?
Patent system enforced
Do I need a license for my IP? How much does it cost to license your IP? What happens if my company becomes a monopoly (e.g. Apple).
These are all valid questions and yet, in spite of what we heard in school or from our parents. They have rarely been answer accurately in the press or popular media. So we often feel like we’re left with unanswere questions about patents when we turn to the internet for answers. The Office of Technology Assessment (OTA) has taken on this responsibility recently and published a report called. “Your Patent Rights” touches on several topics related to patents.
One interesting aspect of their report is that they asked thousands of people what kind of technology. They were most likely to create without getting a patent and found that almost half respond that they were unlikely to invent without one (though other responses were mix). Your thoughts after reading this post: Innovation or restatement ? Are there any other ways we can use technology without getting patents today ? Can anyone make money by doing something without getting patent protection ?
Businesses can use patents to stop competitors from copying their products or ideas.
A patent can protect your business from competitors who are trying to copy your ideas. It can protect processes, products or any combination thereof.
Patents are completely legal and not subject to copyright laws. They can grant by the US Patent and Trademark Office (USPTO) through a process called “application for patent” or “grant of patent”. The USPTO has over 25,000 patents that have been issu as of 2017.
It is worth mentioning that in some countries, such as China, agencies like the USPTO only grant patents. When they feel it is appropriate to do so and there is no standard procedure or rules for applying for patents in other countries. In some cases, a company may prohibit from filing an application with the USPTO. If they are a foreign company that has not register with the local government or it has been determin that their country is not a participant in joint-development agreements with foreign companies. (Which could potentially also consider retaliation against individual companies).
The fees associated with getting a patent are generally quite high. It is worth noting that some inventions may be easier to get patents for than others. In particular, there are many research discoveries that have already been patent by other people and thus don’t require an application to the USPTO before being able to issue a patent in your country (i.e., if you invent something that was already patents by someone else). As such, an inventor may be able to obtain certain types of patents simply by filing an application in their own country based on their own research discoveries before coming over to another country. “Power Shift” type invention would mean filing an application for an “Invention X” type invention).
Patents can also use when legal reasons prevent you from doing so through the normal process. For example, if you make something and someone else copies it without any permission or licensing agreement. You might have grounds under U.S. law to use your invention as part of a lawsuit against them since their use would infringe upon your rights under U.S. law (you’re just using something. Which was made previously permission or using something that was developed elsewhere without permission see: ). This means you can use patents as evidence of ownership over an invention without having actually done anything physically yet (i.e., inventions aren’t actual physical things but rather ideas).
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