Article I

“… To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;″

expert from The Constitution of the United States

 

  • Innovation is the origin of entrepreneurship.  For this reason alone, it is vital for inventors to protect their ideas.
  • The only legal way to do that is to obtain a patent.
  • A patent is a legal right given by the government to an inventor, which gives the inventor the right to exclude others from producing or using the invention or discovery for a certain amount of time.
  • In most cases, this time period is 20 years from the date the patent application is filed.
  • However, patents, similar to other property rights, can be renewed, sold, mortgaged, given away, or even abandoned.

Statutorily Granted Period of Exclusivity

  • Right to exclude others from making, using, selling or importing the claimed invention (35 U.S.C. § 271)
  • Does not provide patent owner the right to practice the invention
  • Prior “blocking” patents may dominate 

Types of Patents

  • Design
  • Plant
  • Utility