Patents
Article 1, Section 8, Clause
8 of the United States Constitution gives to
the
United
States Congress the power 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.”
Using the power granted by the United States
Constitution Congress created three types of patent
protection: Utility Patent, Design Patent and Plant
Patent.
The Utility Patent
The utility patent is the most
common type of patent protection. To qualify
for a utility patent,
a claimed invention must have utility and be
both novel and non-obvious as defined by Title
35 United
States Code and Title 37 Code of Federal Regulations.
The types of inventions that may be considered
for patent protection include, but are not limited
to, a machine, an article of manufacture, a composition
of matter, a process or method and an improvement
of an existing invention. Following the procedures
promulgated by 35 U.S.C. and 37 C.F.R., a patent
application describing each invention may be
submitted to the United States Patent and Trademark
Office
(USPTO) for consideration and examination by
an examiner competent in the applicable technology.
If the patent application successfully survives
the examination process, a United States Patent
may be allowed for the invention described by
the
patent application.
It is worth noting that Congress has determined
that certain circumstances may prevent or disqualify
an applicant from receiving a patent on a claimed
invention. These “loss of right” circumstances
are defined by 35 U.S.C. and 37 C.F.R. and include,
but are not limited to, the offer for sale/public
use/publication of the invention more than one
year prior to the filing of the patent application,
abandonment of the invention by the applicant and
not being the actual or true inventor of the invention.
The Design Patent
A design patent allows an inventor to obtain
patent protection for the features or appearance
of an object or article. To qualify for a design
patent a claimed invention must be novel, non-obvious
and non-functional as defined by Title 35 United
States Code and Title 37 Code of Federal Regulations.
The Plant Patent
A plant patent allows a person who has invented
or discovered and asexually reproduced any distinct
and new variety of plant (other than a tuber propagated
plant or a plant found in an uncultivated state)
to obtain patent protection subject to the conditions
and requirements of Title 35 United States Code
and Title 37 Code of Federal Regulations.
It is highly recommended that anyone who desires
or has any questions regarding patent protection
obtain the advice of a register patent attorney.
Failure to do so may result in loss of rights.
The Law Offices of Steven McHugh can answer any
questions you may have regarding patent protection. |