Patent Abuse

A patent is a form of intellectual property right. The owner of a patent has the right to exclude others from using, making or selling the invention. It is a right granted by the U.S. Patent and Trademark Office (USPTO).

Types of Patent

The USPTO grants utility, design and plant patents. A utility patent protects new, non-obvious and useful inventions for processes, machines, manufactures, compositions of matter or useful improvements. A design patent protects new and original ornamental designs of a manufactured product. A plant patent protects a new discovery of a distinct and asexually reproducible plant.

Patent Protection

The right to prevent others from using, making or selling the patented invention lasts for a limited time. Utility and plant patents last for 20 years from the application date and a design patent lasts for 14 years from the date of the patent grant.

Patent Infringement

Patent infringement occurs when someone makes, sells or uses a protected invention without the permission of the owner or when someone induces the infringement of a patent. A patent holder may sue an infringer in federal court for damages and injunctive relief.

References

• USPTO: Patents
• Infringement of Patents