Patent law regulates intellectual property rights for inventions. A patent protects an invention from being used or sold by others without permission for a set time. A patent attorney can help ensure enforceability. In the US, an invention must be new, useful, and not obvious to be granted a patent. Patent law covers applying for, granting, and enforcing patents. Patent infringement is complex and expensive, disadvantaging small inventors and corporations. Inventors should consult an attorney when applying for a patent. Mailing oneself a copy of an invention does not legally protect it.
Patent law is a specific area of law which includes the legal regulation, case law and enforcement of specific intellectual property rights known as patent rights. A patent is a government-issued right granted to individuals or groups that protects their original inventions from being made, used, or sold by others without their permission for a specified period of time. While patents can be obtained legally without the use of an attorney, a patent attorney can help ensure that your client’s patent is enforceable in law. Since this type of law pertains to intellectual property, which is like any other property in that it can be legally sold, traded, exchanged, or abandoned, the finer points of patent law are frequently changed as technology changes. This is another reason why a lawyer specializing in this type of law is of great use to those seeking a patent.
Under US patent law, three criteria must apply to an invention before a patent is granted. The invention must be new, useful, and not obvious to those with ordinary skill in any area related to the invention. These particular requirements are, from time to time, subjective. New obviously means that the invention did not exist previously. Under patent law, profit is defined as providing a benefit intended for a legitimate purpose or use. The area of this law that is particularly subjective is whether or not an invention is obvious.
Patent law covers not only the processes governing applying for and granting a patent, but also the enforcement of existing patents. It is the responsibility of the patent owner to pursue an infringement of his patented rights. A patent infringement can be argued in court, but it is a very complex and expensive procedure. This is one area where patent law seems skewed, because small inventors and corporations can easily be outrun by larger, wealthier companies, and it’s hard for the minority to afford defense or litigation costs.
Like other areas of law involving intellectual property, patent law is very complex. Inventors should be thorough and careful when applying for a patent and should consult an attorney whenever possible. Despite the popular misconception, you cannot mail yourself a copy of your invention or the detailed processes relating to an invention and treat it as legally patented, copyrighted, trademarked, or otherwise legally protected.
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