Intellectual property protection patents [You Asked]

Last updated : Sept 19, 2022

How does a patent protect intellectual property?

Patent. Patent protection gives businesses the right to prevent others from making, selling or using their IP. Patent law can protect new processes or algorithms, inventions, materials or any combinations thereof.

What are patents in intellectual property rights?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

What are 4 types of intellectual property protection?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What are the 3 ways of protecting intellectual property?

There are only three ways to protect intellectual property in the United States: through the use patents, trademarks or copyrights. A patent applies to a specific product design; a trademark to a name, phrase or symbol; and a copyright to a written document.

What is protected by patent law?

Patent law grants protection for new inventions which can be products, processes or designs and provides a mechanism for protection of the invention. The patent law promotes the sharing of new developments with others to foster innovation.

What are the 4 types of patents?

• Utility patent. This is what most people think of when they think about a patent.
• Provisional patent.
• Design patent.
• Plant patent.

What is patent and example?

1. The definition of a patent is the right from the federal government to produce and sell something for a certain number of years without anyone copying it. An example of patent is a protection against copying the production method used to create M&Ms.

What's the purpose of a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

How long is a patent good for?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

What is the difference between a copyright and a patent?

While a patent, with the exclusion of a design patent, protects inventions of new processes, copyright protects published and unpublished original works, including works in literature, music, art, architecture, software, and choreography.

Who can apply for a patent?

Who can apply for a patent? A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent. 16.

What is the most common type of patent?

A utility patent is the most common type of patent that people seek. This type of patent covers processes, compositions of matter, machines, and manufactures that are new and useful.

What is patent and types?

A Utility patent The most common types of patent applications received by the Patent Offices across the world, are for a utility patents. Such a patent covers various processes, machines, compositions of matter, and manufactures which are novel and useful to humankind in general.

How do you protect a patent?

To protect your interests, consider two common strategies employed by inventors, amateur and professional alike. First, you can file a provisional patent application (if your invention is patentable). Second, you can use a nondisclosure agreement (regardless of whether it is patentable).

What are examples of intellectual property?

• Patents.
• Domain names.
• Industrial design.
• Confidential information.
• Inventions.
• Moral rights.
• Database rights.
• Works of authorship.

How can you protect your intellectual property without a patent?

1. Before you collaborate, negotiate or otherwise share information with any business or person, do your research.
2. Use the right legal tools.
3. Get to know the competition.
4. Use other intellectual property protections.

What are the 5 requirements of a patent?

• The innovation is patentable subject matter. Patentable.
• The innovation is new (called 'novelty')
• The innovation is inventive.
• The innovation is useful (called 'utility')
• The innovation must not have prior use.

What are the laws of patents?

Patent law is the branch of intellectual property law that deals with new inventions. Traditional patents protect tangible scientific inventions, such as circuit boards, car engines, heating coils, or zippers.

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registered patent attorneys received many questions throughout the course of a day one of the most common questions is is my invention patentable we will look at the various issues that go into answering this question including what is a patent what is patentable and what rights does a patent confer additionally we will look at three types of patents and what each is used for there are three types of patents these three are utility design and plant utility patents are what people think of when they think patents utility patents are patents on useful items these are the patents one would get on an invention such a patent covers the usefulness of a product meaning that a utility patent will protect the useful or functional aspects of an invention design patents are to the ornamental design of an object a simple way to approach design patents is to consider the fins on the car if you remember old 1950s era cars many of them had big fins on them they served no purpose other than to look cool the fins did not make the cars faster improve aerodynamics and did not serve any function they were pure design design patents are to protect these design elements functional parts of the car eg the engine transmission breaks etc would be covered by utility patents instead finally we have plant patents plant patents are to cover new types of flowering plants that can be reproduced asexually flowers are plant sex organs and contain both the male and female parts pollen is basically plant sperm something to keep in mind during allergy season plant patents thus apply to plants that are engineered to reproduce without the use of pollen when a product or process is new and useful it is very likely that it is patentable to be patentable an invention must satisfy three basic elements the invention must be new useful and not obvious the requirement of being new also called the novelty requirement is the easiest for non practitioners to understand but is often the hardest part of the patent prosecution process to get a patent on an invention the invention must be new in practicing patent law much of the process focuses on explaining how and why the invention is different from what came before everything that came before is referred to as the prior art the invention cannot be expressly or implicitly disclosed in any prior art references if there is already a patent for the invention a patent application for the invention a description of the invention in a printed publication or a product and use that already uses the process used by the invention the invention does not meet the novelty requirement usefulness also referred to as the utility requirement is in practice one of the easier parts of the process after all as the saying goes necessity is the mother of invention inventions are almost always solutions to problems the mere fact that it's a solution to an existing problem makes it useful the utility requirement requires us to answer the questions does the invention do anything and does the invention work with yeses non-obviousness is a different problem from novelty to some extent all inventions are combinations of older inventions this is the idea that as Isaac Newton said if I have seen further it is by standing on the shoulders of giants the non-obviousness test is asking is the combination that comprises the invention in question obvious an obvious Nissen query asks whether combining two older inventions would be obvious to one skilled in the art one skilled in the art is like the reasonable person who appears frequently in other areas of law but in this case the reasonable person is one who works in or is skilled in the field of the invention an interesting method to describing non-obvious nests as the rhesus problem after Reese's Pieces by this we mean would it have been obvious to combine chocolate in peanut butter many enjoy this combination of flavors but would it have been obvious to combine them in hindsight it is hard to imagine our lives without many of the inventions take for granted but someone had to think of each of them first to get a patent the invention must be a non-obvious combination peanut butter and chocolate are a delicious but not an obvious combination of flavors in Graham versus John Deere company a 1966 United States Supreme Court case the court approached non-obviousness the court employed a three-part factual analysis for determining non-obvious nests the first inquiry is to determine the scope and content of the prior art second the court must examine the differences between the prior art and the claims at issue the third step is to analyze the level of ordinary skill in the pertinent art once these factors are analyzed a court will determine whether an invention is non-obvious a patent is not the right to make and use your invention it is the inverse it is the right to prevent others from making using or importing the invention claimed in the patent if a process is covered by a patent then any product that uses that patented process is infringing on that patent the allegedly infringing product is compared with the claims in the original patent to see if the product used the patented process thus infringing on the patent as a corollary to this a patent cannot allow the use of a process that was previously patented by someone else however an improvement on an existing product can be patented while the patent on the original product stays with the original patent holder the new patent can cover the improvement while the party who patents the improvement does not get rights to the original patent the holder of the original patent likewise has no rights to the patented improvement a common example that is applicable to teachers and students is of the dry erase marker and its evolution the marker exists and someone holds a patent on it then someone invented the stackable cap which is the cap on the dry erase marker that allows the markers to connect to one another that cap was an invention and could itself have been patented however holding the patent on the cap does not allow one to build the new dry erase markers someone else holds that patent the patent on the cap hold prevents the original dry erase marker manufacturer from adding the improved cap to the marker so is an invention patentable if it is new useful and not obvious then the answer is yes a patent application may then be drafted and filed with the USPTO a process that is covered in other presentations if one is granted a patent one then has the right to keep others from making using or importing one's invention without one's permission

Thanks for your comment Ben Grandon, have a nice day.
- Delpha Carstarphen, Staff Member

hi there let's spend a couple of minutes looking at two ways in which a business can protect its intellectual property we'll take a look at patents and copyright don't forget intellectual property whilst it's an intangible asset of a business for many businesses it's it's crucial having an advantage in how they do things or in their content or their brand is all part of creating value adding value and ultimately profits so it's important they protect if they can their intellectual property perhaps to maintain a unique selling point certainly to make sure that they maximize the returns on investment in that intellectual property and potentially also to reduce the threat of competition so two key ways in which this can be done one is patents now patents are actually quite difficult to get hold of to be protected by a patent your invention a business's invention has to be new it has to be genuinely innovative so not so obvious that other people with the knowledge of the subject could come up with it it needs to be capable of application and there was made and be able capable of being used and also there are certain exclusions that can't be protected by patents however whilst the patent process the application process is painstaking and fairly costly it's worth it if you can get that protection second area copyright and actually this is much more frequent more common particularly amongst businesses that involved that are involved in the creative process so media businesses publishing businesses design businesses and rather than with uh patents where you have to apply for them with copyright the protection is automatic and it lasts for 70 years after 70 years after the work has been created um widely used a widely used uh protection of content and original work and fairly easy uh to uh to seek legal redress if you find that somebody has breached copyright i mentioned just one more not not on the aqa specification but it's also worth just knowing about trademarks are another way of protecting intellectual property trademarks you'll come across loads of these as you interact with businesses products and services these are the words the symbols the logos that help define a business and businesses if they're smart will register their trademarks which means that they have the exclusive use to use them or license them for use by others but that their their registered trademarks are therefore protected there we go that's just a quick overview of some ways in which your business can protect its intellectual property you

Thanks vertu1 your participation is very much appreciated
- Delpha Carstarphen

About the author

Delpha Carstarphen

I've studied fisheries management at University of Louisiana at Monroe in Monroe and I am an expert in narratology. I usually feel grateful. My previous job was sales representative ( education programs) I held this position for 22 years, I love talking about disc golf and legos. Huge fan of Freddie Mercury I practice cricket and collect fabric and textiles.