Patent Meaning:
If you are an investor or have hold of anything that you do not want anyone to replicate or use without your permission, then you would require patent rights. Patent law is receiving property rights for an invention. It enables you to exclude use by any third party without your permission. With patents, inventors prevent the copying and selling of inventions. Third-party access would only be possible under a licensing agreement where the inventor itself grants third-party access to production processes. Hence, a patent right is simply the right given to an invention
Applying for a Patent:
If you are an investor and wondering where and how you can apply for patent law, then you must consult a patent lawyer. A patent attorney has professional knowledge and experience and can provide you with the consultation. With their assistance, you would be able to file for a patent. During the process of attaining patent rights, an inventor can keep their invention protected with the patent-pending facility. This acts as a warning to notify any third party that the invention is in the process of attaining rights to prevent its use. Thus, any third party might be sued for using the invention if the rights are issued.
How Long Do Patents Last (Validity)? :
The United States patent and trademark laws suggest that an issued patent right to an inventor is usually valid for 20 years from the date the application was filed. After this period, the inventor would have to request the utility patents and trademark office to reissue the patent utility.
Types of Patents:
Before filing for a patent, you must know the types of patents, so you know which patent to apply for. Your patent lawyer can also assist you in this case.
In the United States, there are three types of patents, namely, utility patent, design patent, and plant patent. Each patent has its requirements and protects a particular type of invention.
- Utility Patent:
Utility patents are also known as patents for inventions. It is granted to provide legal protection to anyone who invents a new and valuable process machine, item of production, or composition of substances. You can file utility patent applications to protect inventions such as computer software, chemical composition, medical tools, etc. This type of patent carries a maintenance fee and is available for 20 years, after which you would have to apply for re-issuance of patents through the Patent and trademark office.
- Design Patent:
Design patent offers patent protection to the latest, original and ornamental designs applied to a manufactured product. Design patents are mostly less expensive and easier to obtain as compared to utility patents. It allows the owner to exclude any third party from using, making, or selling the patented design.
- Plant Patent:
A plant patents can be obtained by an individual who discovers, produces, or invents a new and distinctive plant that can reproduce. Before filing this type of patent, a few requirements need to be fulfilled, including that the plant is not a tuber propagated plant, must not be uncultivated, and can reproduce asexually. This type of patent is valid for 20 years.
However, in some cases, it is likely for one creation to have more than one type of patent for it possibly. For example, if an inventor comes up with an invention, and possibly wants to receive patent rights for its design as well as for its features. In this case, the inventor would have to apply for both types of patents, a utility patent, and a design patent.