by Sarah Taylor
A patent is a property right that allows the holder to exclude others from making, using, offering for sale, or selling the invention that is protected by the patent. Only the inventor can apply for a patent for the invention. If there are two or more collaborators on an invention they all must apply jointly for patent protection. A patent can be transferred to another party by a written agreement.
Patent protection is for inventions. There are three types of patents that can be granted. Utility patents are granted to any person who invents or discovers any new and useful process, machine, manufacture, or compositions of matter, or any new and useful improvement thereof. "Process" as used in the patent statute primarily refers to technical processes. The term "manufacture" refers to all manufactured articles. "Composition of matter" refers to chemical compositions. In addition to utility patents, design patents may be issued for new and unique design of an article of manufacture and plant patents for asexually reproduced, non-tuberous plants.
An invention does not qualify as "new" if it is already known or in use by others in this country or in a foreign country before it was invented by the patent applicant. Also, if the invention has been described in a printed publication in this country or a foreign country prior to the time it was invented by the patent applicant, a patent cannot be granted. If the invention has been described in a publication or has been in public use or on sale for more than a year before the patent application is filed, a patent will not be granted. This is so even if the patent applicant was the first to invent it and is the person who has described it in the publication or been using or selling the invention. What this means to an inventor is that the invention must be kept relatively secret prior to applying for a patent. An inventor cannot put his invention on the market for over a year and then seek patent protection for it. At that time it is too late.
If the item you want to patent doesn't seem to fit into any of the categories described, perhaps a patent is not the appropriate form of protection. Literary, dramatic, musical and artistic works are protected by copyright. Trademarks provide protection for distinctive names, phrases, symbols, or signs that are used to identify and distinguish the source of a particular product.
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