Most people are familiar with the word ‘patent.’ A patent is a familiar word, whether it is about scientific discoveries or the education curriculum. So, now the question arises, what exactly is a patent? A patent is a right given to an investor. A patent organization of the Federal government of a State assigns the right. With this ability, the inventor enjoys the tag of inventor/creator against his invention officially. It also prohibits others from using their name/trademark against the same or similar creation. In case of any violation, the inventor can take a legal discourse.
According to US Law, patents are primarily of three different types: utility patents, design patents, and plant patents. In this article, we will discuss the types of patents. Later on, a clear and concise idea about the patentable things should be discussed.
You cannot fight for a patent against your invention alone. You need a patent service or patent company that will assist you throughout this long process. Gaining a patent against an invention requires planning, numerous applications to the patent officials, and a legal process. It is impossible to do it alone if you are new and applying for the first time.
An invention has to be unique and novel to qualify for a patent. So, it means if you invent something, it should be one of a kind, something that has not been thought of by other people. The invention should not be claimed before. This background check is necessary for a disclosure of the technological process.
A patent is very different from a copyright. It means that you cannot apply for a patent against a mere idea or an expression you think is unique. Your invention should be tangible and visible in front of the eyes and should have the potential to be used by people. Abstract principles, truths, and methods of calculation cannot be given to patent.
There are three types of patents in the US Legal System - utility patents, design patents, and plant patents. You can also avail of patent protection against your invention through the statutory invention registrations offered by the Law. The terms of patents can be extended or reduced as per the situation.
These are the most common forms of patents. Patents are issued to machines, manufacturing tools, equipment, composite matters, and other chemical compositions. In this type of patent, the inventor enjoys a statutory period of 20 years from the patent application date, which exempts others from using, re-manufacturing, or installing the patented item against the inventor’s permission. One will pay a maintenance fee to the inventor against a patent.
However, there are some conditions that an invention should qualify to get the utility patent. The invention should be useful concerning operability and practical usage. It is easier to define practical use against manufactured goods or services, but the definition is complex regarding composite matters like a chemical composition. To get a utility patent, a person must wait for as long as two to three years.
One needs a new design or an ornamental design. An item that can be manufactured is given a design patent. When it comes to design patents, all the legal complexes are relaxed. If you can collaborate well with your patent company for a useful application, you may get it earlier.
A design patent prohibits others from using, manufacturing, or remaking the patented design for 14 years from the patent issue’s original date. However, unlike utility patents, there are no provisions of any maintenance fees against this patent. You must keep in mind that the time for a design patent is flexible and subject to change.
If you produce or genetically develop a new type of plant, then you can apply for this patent. The plants that fall under the plant patent category are hybrid, seedlings, mutants, and cultivated plants. The list cannot have plants in an uncultivated state or those that grow under the soil. If you get a patent against your new plant, others will be restricted from producing, using, or selling a similar kind of product to up to 20 years from the original patent issue date. The plant patent also is exempted from any maintenance fee, unlike utility patents.
From the above discussion, you may get an idea of applying and getting a patent against your invention. Always select an experienced and helpful patent company for a patent right. You must present your causes for patent infringement against your invention. They would review and re-consider your statements and officially as the inventor of the product or service.
You should know how to approach a patent in a legal battle. If you do not know, then you must come to an experienced patent attorney. Along with hiring a good Patent company, you would probably need a good lawyer too. A reasonable attorney would help you all the way to get your desired patent, no matter how hard and complicated the legal process becomes.
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