A Patent Primer For Non Lawyers
A patent is a government grant to exclude, anyone other than the owner of the patent, from making, using or selling an invention as described and claimed in the patent. In short then, a patent is a government granted monopoly for a fixed number of years to encourage inventors to disclose their inventions to the public. After the grant has expired, the invention as described and claimed in the patent is dedicated to the public, at which time anyone can make, use or sell the invention as described in the expired patent. A patent may not be renewed.
The government grant is affixed to the document that describes and claims the invention. This document includes an abstract that summarizes the invention, one or more drawings that illustrate the invention, a brief description of the prior art or state of technology pointing out its failure to solve a particular problem, a summary of the invention describing the problem the invention solves, a detailed description of the invention that is cross referenced to the drawings, and most importantly, one or more claims that distinctly and clearly define the invention. The document in its unpublished form is called a patent application. The document in its published and printed form is called a patent.
Here is what theUnited States patent grant looks like:
THE COMMISSIONER OF PATENTS AND TRADEMARKS
Has received an application for a patent for a new and useful invention. The title and description of the invention are enclosed. The requirements of law have been complied with, and it has been determined that a patent on the invention shall be granted under the law.
Therefore, this
United States Patent
Grants to the person or persons having title to this patent, the right to exclude others from making, using or selling the invention throughout the United States of America for the term of twenty years from the effective filing date of the application, subject to the payment of maintenance fees as provided by law.
Since a patent application, and the rules and regulations that govern the filing and prosecution of the application before the United States Patent and Trademark Office are complex and detailed there will be no attempt to explain these processes. References are provided however, to the various codes and regulations that control the filing and prosecution of patent applications in the United States. The codes and regulations and other controlling references include: the United States Code (Title 35),the Rules of Practice in Patent Cases (37CFR), the Manual of Patent Examining Procedures (MPEP), the US Patent Classification System, the Manual of Classification, the Classification Definitions and the Classification Index.
For examples of patent applications in published and printed form, review any issued patent. Such patents may be viewed in the patent database maintained by the United States Patent and Trademark Office. By reviewing such patent documents, you will be able to gain a good understanding of the form and parts of a patent application.
Claim drafting is an acquired skill that takes practice. An excellent reference is "The Mechanics of Patent Claim Drafting", by John L. Landis and published by the Practicing Law Institute.
Because of the complexities associated with the preparation and prosecution of a patent application, we encourage you to consult with a patent attorney or patent agent that is registered to practice before the United States Patent and Trademark Office. If you have any questions regarding an invention, remember that registered patent attorneys and patent agents have taken the time and effort to read and understand the content of the various reference documents mentioned and have further demonstrated their understanding by successfully passing written examination administered by the United States Patent and Trademark Office. Thus, when you seek such advice, be prepared to compensate such individuals for their time in providing you with professional advice. Our schedule of fee is provided for your reference and convenience. Contact us if we can be of assistance.
If you would like to know how to obtain a patent follow this link.
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