Patent Protection for a Product Ideas or Inventions

Mar 28, 2017

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

Typically, our government frowns upon any type of monopolization in commerce, as being a the belief that monopolization hinders free trade and competition, degrading our financial system. A good example is the forced break-up of Bell Telephone some years ago in the many regional phone companies. 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 ringing industry.

Why, then, would the government permit a monopoly involving 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 objectives to you just how a patent works as a "monopoly. "A patent permits the owner of the patent in order to anyone else from producing the product or using undoubtedly seen other courses covered by the patent. Think of Thomas Edison as well as his most famous patented invention, the lamp. With his patent for that light bulb, Thomas Edison could prevent any other company or person from producing, using or selling lights without his agreement. 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 return. He needed to fully "disclose" his invention on the public.

To obtain a us Patent, an inventor must fully disclose what the invention is, how it operates, and really way known along with inventor to survive.It is this disclosure towards the public which entitles the inventor to some monopoly.The logic undertaking this is that by promising inventors a monopoly as a result for their disclosures to the public, inventors will continually strive to develop new technologies and disclose them to your public. Providing these with the monopoly allows them to profit financially from the discovery. Without this "tradeoff," there would include few incentives to have new technologies, because without a patent monopoly an inventor's hard work will 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 regarding their invention, and the islands would never benefit.

The grant of rights under a patent lasts for a limited period.Utility patents expire 20 years after they are filed.If this is not 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 could need to pay about $300 to buy a light bulb today.Without competition, there would be little incentive for Edison to enhance upon his lamp.Instead, once the Edison light patent expired, everyone was free to manufacture light bulbs, can companies did.The vigorous competition to do exactly that after expiration of the Edison patent resulted in better quality, lower costing light designs.

II. Types of patents

There are essentially three types of patents which you need to be 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 which can different or "special" about the invention must be for getting a functional purpose.To meet the criteria for utility patent protection, an invention must also fall within at least one of the next "statutory categories" as required under 35 USC 101. Keep in mind that just about any physical, functional invention will fall into at least definitely one of these categories, which means you need not stress with which category best describes your invention.

A) Machine: involving a "machine" as something which accomplishes a task due to the interaction with the physical parts, such as a can opener, an automobile engine, a fax machine, etc.It is the mixture and interconnection of the aforementioned physical parts with which we are concerned and which are protected by the certain.

B) Article of manufacture: "articles of manufacture" should be thought of as things which accomplish a task much 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 aspects. A paper clip, for example is an item of manufacture.It accomplishes a project (holding papers together), but is clearly not a "machine" since it is really a simple device which does not rely on the interaction of parts.

C) Process: a way of doing something through one or higher steps, each step interacting in some way with a physical element, is known as a "process." An activity can be a good method of manufacturing a known product or can be a new use for a known product. Board games are typically protected as a act.

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

A design patent protects the "ornamental appearance" associated with the object, as compared to its "utility" or function, which is safe by a utility patent. In other words, if ever the invention is a useful object that rrncludes a novel shape or overall appearance, a design patent might give the appropriate protection. To avoid infringement, a copier hold to establish a version it does not necessarily look "substantially similar into the ordinary onlooker."They cannot copy the shape and appearance without infringing the design patent.

A provisional patent application is a pace toward buying a utility patent, where the invention won't yet be ready to obtain a utility eclatant. In other words, the hho booster seems as though the invention cannot yet obtain a computer program patent, the provisional application may be filed within the Patent Office to establish the inventor's priority to your invention.As the inventor carries on to develop the invention showcase further developments which allow a utility patent to be obtained, then your inventor can "convert" the provisional application to an entire utility app. This later application is "given credit" for the date as soon as the provisional application was first filed.