Want to obtain a U.S. patent for a new invention? This is
an overview of what a patent is, how long a patent
lasts, and a brief look at the main elements of a patent and how to read a
patent.
What Is a Patent?
A patent is a grant issued to an inventor by the US or some
other countries government. Under the law, a patent is an offensive weapon. A
patent grants you the right to stop others from using, making, or selling your
invention in the country issuing the patent.
How Long Does A Patent Last?
Utility and plant patents last for 20 years from the date the patent was filed,
and design patents last 14 years from the date it was issued. However, if you
fail to pay the maintenance fees when they are due your patent will expire.
All patents are guaranteed an in-force period of 17 years
minimum. To compensate for delays resulting from a failure by the PTO (Patent
and Trademark Office) to process the patent application in a timely fashion the
patent can be extended if necessary.
You can still bring infringement suits against someone who
infringed your patent during the patents in-force period. Expired patents
remain “prior-art” forever.
How to Read a Patent
The first part of a patent is the “specification” portion
where the invention is described. Section 112 of the patent laws contains the
following words:
“The specification shall contain a written description
of the invention, and of the manner and process of making and using it, in such
full, clear, concise and exact terms a to enable any person skilled in the art
to which it pertains, or with which it is most nearly connected, to make and use
the same, and shall set forth the bet mode contemplated by the inventor of
carrying out the invention.”
So by reading the specification you should end up with a
very good idea of what the invention is about, what it does, and how to build,
make, or produce it.
The Claims
The claims define the structure or acts of the invention in a precise manner
using exact terms in a logical manner. The claims tell the “bounds” or “scope”
of the invention. In other words, the claims determine exactly what will
infringe the patent. The claims must be specific enough to define the invention
over any prior art.
There are independent claims which stand alone, and
dependent claims which narrow the scope of the independent claim.
If you are tying to find out if your new invention idea
infringes on the patent you are reading, then you would first read the
specification to find out how your invention differs. Then you would read the
claims, because the claims spell out exactly what will infringe the patent.
If a claim has three elements, x, y, and z, and your
invention only has x, and y, but not z then you are not infringing. If your
invention has x, y, z, and q, then you are still infringing. The patent office
doesn’t care about infringement, so you could still be issued a patent, but it
would infringe the first patent.
In that case maybe you could work something out with the
other inventor, or perhaps the previous invention will expire sooner than yours.
Life can be so complicated… |