Patent Protection for a Product Ideas or Inventions

Mar 28, 2017

A United States Patent is essentially a "grant of rights" for a restricted period. In layman's terms, it is a contract in which the Improve government expressly permits an individual or company to monopolize a particular concept to the limited time.

Typically, our government frowns upon any type of monopolization in commerce, considering the belief that monopolization hinders free trade and competition, degrading our economic climate. A good example is the forced break-up of Bell Telephone some years ago into the many regional phone brands. The government, in particular the Justice Department (the governmental agency which prosecutes monopoly or "antitrust" violations), believed that Bell Telephone was an unfair monopoly and forced it to relinquish its monopoly powers over the device industry.

Why, then, would the government permit a monopoly in the form of a patent? The government makes an exception to encourage inventors to come forward with their designs. In doing so, the government actually promotes advancements in science and technology.

First of all, it should be clear to you just how a patent gives "monopoly. "A patent permits the owner of the patent to prevent anyone else from producing the product or using begin the process covered by the patent. Think of Thomas Edison and also the most famous patented invention, the bulb. With his patent for your light bulb, Thomas Edison could prevent any other person or company from producing, using or selling lights without his authorization. Essentially, no one could compete with him in the lighting bulb business, and hence he possessed a monopoly.

However, in order to receive his monopoly, Thomas Edison had to give something in restore. He needed to fully "disclose" his invention to the public.

To obtain as a famous Patent, an inventor must fully disclose what the invention is, how it operates, and probably the most way known coming from the inventor to causes it to be.It is this disclosure to your public which entitles the inventor to some monopoly.The logic for doing this is that by promising inventors a monopoly in turn for their disclosures to the public, inventors will continually strive to develop new technologies and disclose them on the public. Providing them with the monopoly all of them to to profit financially from the creativity. Without this "tradeoff," there would be few incentives to have new technologies, because without a patent monopoly an inventor's hard work would bring him no financial reward.Fearing that their invention would be stolen when they attempt to commercialize it, the inventor might never tell a soul concerning their invention, and the populace would never aide.

The grant of rights under a patent lasts in your limited period.Utility patents expire 20 years after they are filed.If this has not been the case, and patent monopolies lasted indefinitely, there that i see serious consequences. For example, if Thomas Edison still held an in-force patent for the light bulb, we may possibly need to pay about $300 to acquire a light bulb today.Without competition, there would be little incentive for Edison improve upon his lamp.Instead, once the Edison bulb patent expired, everyone was free to manufacture light bulbs, and plenty of companies did.The vigorous competition to function that after expiration of the Edison patent resulted in better quality, lower costing light light sources.

II. Types of patents

There are essentially three types of patents which to create aware of -- utility patents, design patents, and provisional patent applications.

A utility patent applies to inventions which have a "functional" aspect (in other words, the invention accomplishes a utilitarian result -- it actually "does" something).In other words, the thing along with that is different or "special" about the invention must be for a functional purpose.To be eligible for utility patent protection, an invention must also fall within at least one of pursuing "statutory categories" as required under 35 USC 101. Keep in mind that just about any physical, functional invention will become another victim of at least one of these categories, and need not stress with which category best describes your invention.

A) Machine: associated with a "machine" as something which accomplishes a task brought on by the interaction with the physical parts, while a can opener, an automobile engine, a fax machine, etc.It is mixture and interconnection of the aforementioned physical parts in which we are concerned and which are safe by the patent.

B) Article of manufacture: "articles of manufacture" should be thought of as things which accomplish a task exactly like a machine, but without the interaction of various physical parts.While articles of manufacture and machines may seem turn out to be similar in many instances, you can distinguish the two by thinking of articles of manufacture as more simplistic things which most often have no moving constituents. A paper clip, for example is an actual manufacture.It accomplishes a pursuit (holding papers together), but is clearly not a "machine" since it can be a simple device which does not be based upon the interaction quite a few parts.

C) Process: one method or another of doing something through one or higher steps, each step interacting in one method or another with a physical element, is referred to a "process." A process can be a unique method of manufacturing a known product or can be also a new use for a known product. Board games are typically protected as a stage.

D) Composition of matter: typically chemical compositions such as pharmaceuticals, mixtures, or compounds such as soap, concrete, paint, plastic, and other snack food can be patented as "compositions of matter." Food items and recipes are often protected in this manner.

A design patent protects the "ornamental appearance" associated with the object, instead of its "utility" or function, which is protected by a computer program patent. Various other words, in case the invention is often a useful object that rrncludes a novel shape or overall appearance, a design patent might give the appropriate a security program. To avoid infringement, a copier hold to set up a version it does not necessarily look "substantially similar to the ordinary observer."They cannot copy the shape and look without infringing the design patent.

A provisional patent application is one step toward obtaining a utility patent, where the invention usually will not yet be well prepared to obtain a utility patent. In other words, if it seems although the invention cannot yet obtain a utility patent, the provisional application may be filed from the Patent Office to establish the inventor's priority on the invention.As the inventor will continue to develop the invention promote further developments which allow a utility patent always be obtained, a new inventor can "convert" the provisional application to a good utility credit card application. This later application is "given credit" for the date once the provisional application was first filed.