When a person invents something, there is a risk that others will copy their invention.  To support and promote inventors work and prevent the inventors ideas from being stolen the government established patent laws that protected inventors’ rights. To register for a patent you must go through vigorous steps to prove that the product is worthy of being patented.

What Is A Patent?

A patent is a legal document that protects an invention from being used, copied, or manufactured by anyone other than the inventor.  The invention cannot be used without the express permission granted by the inventor. This protection lasts for a predetermined period of time. Once a patent expires, the invention loses its protection. There are 3 main types of patents: utility, design and plant patents. Utility patents protect inventions that involve machines, processes and biological or chemical compositions of matter. Design patents cover the aesthetic or ornamental design of articles of manufacture. Plant patents grant rights to anyone who has discovered (or created) a new plant by means of asexual reproduction.

The most common type of patent applied for and granted is the utility patent. If granted, they offer protection for 20 years. Design and plant patents are far less common. Design patents grant protection for 14 years while plant patents offer protection for 20 years.

The only person who is able to enforce the patent and take any infringements issues to proceeding is the inventor. Even if the invention was created under the employment of a business, only the inventor can apply. Once the patent is granted to the inventor, the rights can be transferred to the employer.

Recourse If A Patent Is Violated

If a patent is violated, it’s the responsibility of the inventor or the person holding the patent to pursue enforcement against infringement. This can become a complicated and expensive procedure. It is sometimes common for large corporations to intentionally violate the patent, as sometimes the corporations rely on the profits received from the violating the patents and producing the product. The large corporation will justify the violation of the patent as they revenue they will receive will be way over what they will have to pay in any court action. For this reason and some inventors, will sell a license to the corporation to produce his or her product.

The usual course of action for Infringement.

Patent law was enacted in order to protect inventors’ rights and to encourage the continued innovation of processes, methods and manufactured items.
File Your Provisional Patent in 3 Easy Steps

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