Invention Patent
Invention patent fall into four general types:
- Utility patents, usually referred
to as "patents" without any further qualification,
- Design patents which cover
the ornamental appearance of various products,
- Plant patents which cover
asexually reproduced varieties of plants, e.g. hybrid roses,
fruit trees bearing new types of fruit, etc., and
- Semiconductor chip masks which
are not called patents but are handled by the Patent and
Trademark Office.
For the grant of an ordinary,
or utility patent, the invention patent must fall into one
of four statutory classes of invention, which are
- A process,
- Machine,
- Article of manufacture,
- Composition of matter, or
- An improvement on an existing
invention in one of those classes of invention.
A valid invention patent secures
the right to its owner to exclude others from making, using,
or selling the claimed invention in the United States and
its territories and possessions for a limited period of time.
Invention patent go through a number of stages before finally
acquiring the much coveted patent. The law recognizes five
"rights" periods in the life of invention patent. These five
periods in invention patent are:
- Invention conceived but not
yet documented. This is the phase of invention patent when
an inventor conceives an invention.
- Invention documented but patent
application not yet filed. After making a proper, signed,
dated, and witnessed documentation of in invention patent
the inventor has valuable rights against any inventor who
later conceives the same invention and applies for a patent.
- Patent pending (patent application
filed but not yet issued). During the invention patent pending
period, including the one-year period after a provisional
patent application is filed, the inventor can sue and recover
damages against anyone who uses the invention. Eighteen
months after filing, and while the application is pending,
the U.S. Patent and Trademark Office (USPTO) will publish
the application unless the applicant files a Nonpublication
Request at the time of filing and doesn't file for invention
patent outside the U.S.
- In-force patent (patent issued
but hasn't yet expired). After the patent issues, the owner
of the invention patent can bring and maintain a lawsuit
for patent infringement against anyone who makes, uses,
or sells the invention without permission.
- Patent expired. After the
patent expires, the owner of invention patent has no further
rights, although infringement suits can still be brought
for any infringement that occurred during the patent's in-force
period, as long as the suit is filed within the time required
by law. An expired patent remains a valid "prior-art reference"
forever.
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