A patent protects intellectual property of original works and inventions. Each country determines its own patent process and there are three basic forms in the US: utility, design, and plant. Business process patents are rare. Patent infringement is dealt with through the justice system.
A patent is a device used to protect the intellectual property of a person who designs, invents or cultivates an original work of particular value. While primarily considered a protection of intellectual property, the patent will also express the actual property described in the document. In most cases, this protection is a key part of any new invention.
In some cases, many thousands or even millions of US dollars are used to develop a new product or idea. In such situations, it would be very hypocritical to allow others to profit from the investment that someone else has made. Not only would that be unfair, but it would also discourage further initiatives because there is no guarantee that the developer or inventor will be properly reviewed.
Each country is responsible for determining its own patent process and what can be protected. While some patents may only be valid in the country for which they were issued, others will be protected in various countries. This is often determined by treaty, but is sometimes difficult to enforce when violations occur.
There are three basic forms in the United States: utility, design, and plant. A plant patent describes the protections when someone produces a new variety of plant species. A design patent is one that protects a new ornamental design. The utility patent protects when a person has invented a physical object of some kind. A provisional patent, i.e. a rationalization of the utility patent valid for 12 months, can also be issued. However, a permanent patent must be issued by the end of the interim period.
Another rarer form of protection is the business process patent, which helps protect a new manufacturing process or other type of business process from being pirated by other companies. This is a very specialized form that may not have wide acceptance in many locations around the world. The process of obtaining one is usually very precise and the applicant must be able to demonstrate that their form of business differs significantly from other standard methods.
In the United States, the Patent Office also oversees the issuance of trademark symbols and deals with some copyright issues. However, copyrights are assumed to be in effect and owned by the original owner without any claim process. Therefore, they represent only a small fraction of what the office does.
Those who experience patent infringement are, in most cases, alone in dealing with the situation. The only role of the patent office is to grant protection. Once this is done, any violations are dealt with through the justice system. Many of those who bring civil suits claiming infringement choose to hire a patent attorney.
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