Patents
Patents are limited monopolies granted
to inventors for disclosing to the public their novel innovations. Patents give
the patentee 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. There are different kinds of patents:
- Utility (protects the use of the invention)
- Design (protects the ornamental design)
- Plant (protects certain asexually reproduced novel plants)
To obtain a patent, an inventor must file an application
with the United States Patent and Trademark Office (USPTO). Patents may also be
obtained both in foreign countries either directly or through a Patent Cooperation
Treaty (PCT) application filed within one year of the U.S. application.
Most businesses today, whether large or small, need to be aware of potentially patentable inventions within their companies so that they are aware of any potentially protectable intellectual property or to determine if they are infringing someone else's patent or intellectual property. Consider the following example:
Example: Business X wants to create widgets because they have a new and useful way of creating them. Business X then begins to manufacture and sell the widgets.
Analysis:
- Is the widget patentable? If so, can you patent it as a utility patent, design patent, or both? Are there trademark protections available?
- If it is patentable, has it already been patented? (If it has, then manufacturing and selling them may bring on an infringement suit with hefty litigation and infringement costs)
- Can it be designed around in order to avoid infringement?
- Does business X own the rights to the invention as assignees of the inventor/employee?
- Are there other ways of protecting the new widget?
These are a only few of the questions that need to be asked. Ignoring them may cost time, money, and may even cost you your business. The answers may also bring to light unidentified intellectual property resources that will give your business a leading edge on the competition.
For more information on Patents, please see our FAQ’s on patents.
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