Patented

Patented refers to the exclusive rights granted to an inventor or their assignee by a sovereign state for a limited period of time in exchange for the public disclosure of an invention. The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements.

History of Patents

The concept of patents can be traced back to the ancient Greeks in the 500s BC. The modern patent system evolved from the Venetian Patent Statute of 1474, which was the first legal system to provide for the granting of patents for inventions.

Patent Law

Patent law varies by country, and is a subset of intellectual property law. The primary purpose of patent law is to encourage innovation and commercialization of technological advances. Patent law incentivizes inventors to publicly disclose their inventions in exchange for certain exclusive rights.

Types of Patents

There are three types of patents: utility patents, design patents, and plant patents. Utility patents are granted for new and useful processes, machines, manufactures, or compositions of matter. Design patents cover new, original, and ornamental designs for an article of manufacture. Plant patents are granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Patent Application Process

The patent application process involves several steps. First, an inventor must determine if their invention is patentable. Next, the inventor must prepare a patent application, which includes a written document with a description and claims, drawings, an oath or declaration, and filing, search, and examination fees. The application is then reviewed by a patent examiner at the United States Patent and Trademark Office (USPTO) or equivalent organization in other countries.

Patent Infringement

Patent infringement occurs when a third party makes, uses, sells, or offers to sell a patented invention without the patent owner's permission. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent.