INTELLECTUAL PROPERTY LAW (PATENT LAW)

Patent law is designed to encourage innovation by granting inventors exclusive rights to their inventions for a limited time. Here’s a summary of the key aspects:

  1. Patent Types: There are three main types of patents:
      • Utility Patents: For new and useful processes, machines, or compositions of matter.
      • Design Patents: For new, original, and ornamental designs for an article of manufacture.
      • Plant Patents: For new and distinct plant varieties.
  2. Patentability Criteria (Reports/Assessments)
      • Novelty: The invention must be new and not have been publicly disclosed before the patent application.
      • Non-obviousness: The invention must not be obvious to someone skilled in the relevant field.
      • Utility: The invention must be useful and provide some benefit.
  3. Application Process:
      • Filing: An inventor files a patent application with the relevant patent office (e.g., the U.S. Patent and Trademark Office in the U.S.).
      • Examination: The patent office examines the application to ensure it meets all requirements.
      • Grant: If the application meets all criteria, a patent is granted, giving the inventor exclusive rights to the invention.
  4. Rights and Duration:
      • Exclusive Rights: The patent holder can exclude others from making, using, selling, or importing the patented invention.
      • Duration: Utility patents typically last 20 years from the filing date, while design patents last 15 years (or 14 years in the U.S. before changes in 2015). Plant patents last 20 years from the filing date.
  5. Enforcement and Infringement:
      • Enforcement: Patent holders can enforce their rights through legal action if someone infringes on their patent.
      • Infringement: Occurs when someone makes, uses, sells, or imports a patented invention without permission.
  6. Patent Maintenance:
      • Patent holders must pay maintenance fees to keep the patent in force. Failure to pay can lead to the patent expiring before its term.
  7. International Patents:
      • Patents are generally territorial, meaning they are only effective in the country or region where they are granted. However, international agreements like the Patent Cooperation Treaty (PCT) help streamline the process for seeking patent protection in multiple countries.
  8. Licensing:
      • A Patent holder and/or a licensee (one that licenses from a Patent holder) may contract for authorization to use an existing patent.

Patent law varies by country, so specific details and procedures can differ depending on the jurisdiction.

Our Services