What are patents?
Patents for an invention are the grants of a property right to the inventor. First, the Patent and Trademark Office issues a patent. In the United States, the term of new patents is 20 years from the date on which the application was filed. The term may also be from the date an earlier related application was filed in special cases. The patent filing is subject to the payment of maintenance fees. Also, US patent grants are effective only within the United States, its territories and possessions.
Next when a patent is filed, the right conferred by the patent grant is specific. The language of the statute and of the grant itself, reads as follows:
“The right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.
Finally, it should be noted that a patent does not grant the right to make, use, offer for sale, sell or import. Rather, a patent grants the right to exclude others from doing so.
Different Types of Patents
Several different type of patent applications are available. These patent applications types are:
- Provisional Patent Application
- Non-provisional (Utility) Patent Application
- Design Patent Application
- Plant Patent Application
To summarize, patents and patent law are both complex. You should contact us if you need to have one or more of these patent applications prepared for you. Call us at 201-739-5555 for a free patent consultation.