Intellectual Property Law, Part 3: Patent Law and Information Resources

This is the third of a three-part posting on intellectual property law. Having addressed copyright and trademark, this post discusses patent law.

Patent law concerns the legal protection of an inventor’s intellectual property right in a given invention. In the United States, Inventions may be patented through registration with the United States Patent and Trademark Office.

There are three types of patents (utility, design, and plant). Further, a patentable right is defined as follows: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” 35 U.S.C. § 101. More specifically, “[a] patent gives the patent owner the legally enforceable right to exclude others from making, using, selling, and importing the patented invention.” Carl W. Battle et al., The Patent Guide, p.24 (2018).

Fast Facts

Once an inventor makes their invention public, they have one year from the date of publication to apply for their patent. Carl W. Battle, The Pocket Legal Companion to Patents, p.8 (2013).

The term of a patent for which the application was filed after June 7, 1995 is twenty years from the date of the initial application filing. Id. at 7.

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Google Patents, Espacenet, The Lens, and Free Patents Online offer free patent search options for basic introductory searches.