An Introduction to Patent Law

A patent is a grant of an intellectual property right. Patents encourage new inventions and improvements to previous inventions. A patent holder has exclusive rights over a patent.

Types

There are three types of patents the United States Patent and Trademark Office grants for inventions: utility, design and plant patents.

Rights

A patent holder has the right to exclude others from making, using or selling an invention. Exclusive rights to utility and plant patents endure for 20 years from the patent application date, while rights to a design patent endure for 14 years from the date of the patent grant.

Infringement

Infringement on a patent occurs when another person makes, uses or sells a protected invention without the consent of the patent holder.

Search

Before applying for a patent, an applicant should conduct a search of previous patents to determine whether the invention has previously been patented.

Fees

To maintain a patent, the patent holder must pay maintenance fees every 3 1/2, 7 1/2 and 11 1/2 years from the date of the patent grant. The fee amount varies depending on the type of patent and the fee schedule.

References

• "The Complete Patent Book"; James L. Rogers; 2003
• "Patent, Copyright, and Trademark"; Richard Stim; 2009