@!IP!!! Overview.doc

@!IP!!! Overview.doc - 757 PLI/Pat 9 757 PLI/Pat 9 (Cite...

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757 PLI/Pat 9 FOR EDUCATIONAL USE ONLY Page 1 757 PLI/Pat 9 (Cite as: 757 PLI/Pat 9) *42 PATENTS Inventions are the motor which has driven our society from its rural agrarian roots to an industrial marvel. The writers of the Constitution recognized this when they gave Congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries . Congress used its power and enacted the Patent Act which enumerated the protections which accrue to the holder of a patent, as well as the requirements for attaining a patent. The Founding Fathers and Congress reasoned that allowing the inventor to profit from his invention would provide an added stimulus or impetus to creativity. Where can I find information on patent laws and procedures? The Patent Act is codified at 35 U.S.C. ß ß 1 - 376 . Rules relating to patents may be found in Title 37 of the CFR and the United States Patent and Trademark Office's (USPTO) Manual of Patent Examining Procedure contains useful information. The USPTO website at www.uspto.gov provides not only information on patents and the application procedure but provides for online filing of applications. What is a patent? A patent for an invention is the grant of a property right to the inventor, for a limited period of time, issued by the Patent and Trademark Office. There are three types of patents: Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof; *43 Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. What is the duration of patent protection? Utility and Plant Patents - 20 years from the filing of the application (for patents prior to 1995 the term was a 17 year period from grant) Design Patent- 14 years from the date of grant What rights accrue to the holder of a patent? The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Can a patent holder transfer these rights? A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will, and it may pass to the heirs of a deceased patentee. The owner of a patent may grant licenses to others. Since the patentee has the right to exclude others from making, using, offering for sale, or selling or importing the invention, no one else may do any of these things
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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@!IP!!! Overview.doc - 757 PLI/Pat 9 757 PLI/Pat 9 (Cite...

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