P

Patent

A right granted by a government to an inventor for the exclusivity of his invention. A patent gives the inventor a monopoly on making, using, or selling his invention for a fixed period of time and for the countries in which the patent has been granted. In the United States, a patent may only be issued to the original inventor, although another person or entity may purchase the rights of a particular patent from the inventor.

There are three major categories of patents:

• Utility patents
  Granted for the invention and discovery of any new and useful process, machine, article of manufacture, or composition of matter, as well as any new and useful improvements of existing ones. Utility patents are granted for a period of 20 years from the date of filing a patent application.


• Design patents
  Granted for the invention of a new, original, and ornamental design for an article of manufacture. Design patents are granted for a period of 14 years from the date of filing a patent application.


• Plant patents
  Granted for the invention or discovery and asexual reproduction of any distinct and new variety of plant. Plant patents are granted for a period of 20 years from the date of filing a patent application.

Patent application

A written application filed at a patent office. The application contains a description of the invention. For a patent to be granted, the patent application must meet the legal requirements related to patentability.

Patent attorney

An attorney qualified to file patent applications. The titles ‘patent agent’ and ‘patent lawyer’ are also used in some jurisdictions. A patent agent, however, is generally not admitted to practice law in any jurisdiction or court of law. Patent attorneys are regulated as a profession and have to pass a series of examinations (i.e., the patent bar) and comply with other requirements (i.e., have a sufficiently technical background by way of education or experience). In the United States, specialized examination is required in order to qualify and practice as a patent attorney. That is, a United States patent attorney must be admitted both to a State Bar and the Patent Bar.

Patent law

A legal field which studies the laws governing patents. United States patent laws are enacted by the United States Congress, and the Federal Agency charged with administering them is the United States Patent and Trademark Office (USPTO). The main body of laws governing patents is found in Title 35 of the United States Code. Prior to a recent amendment resulting from the Agreement on Trade-Related Aspects of Intellectual Property, patents were issued for a non-renewable period of 17 years. The term has now been extended to 20 years from the filing date of the application. Outside the United States, the procedure for granting patents, the requirements of the patentee, and the term of the patent rights vary widely between countries according to national law and international agreements.

Patent infringement

The unauthorized use, manufacture, offering for sale, or sale of any patented invention. If a patent is infringed, the patentee may sue for relief. Suits for patent infringement are brought in the federal courts. The United States Government may use any patented invention without permission, but the patentee is entitled to obtain compensation for this use. There are three types of patent infringement.

• Direct infringement
  The manufacture, use, or sale of a patented invention.
• Indirect infringement
  Actively encouraging another to make, use, or sell a patented invention.
• Contributory infringement
  Knowingly selling or supplying an item for which the only use is in connection with a patented invention.

Patent procurement services

Legal services related to patent procurement and licensing of intellectual property rights to a patented idea.

Patent Disputes

A patent provides the owner of that patent with the legal right to exclude others from utilizing the invention claimed within that patent. If a person other than the owner of the patent utilizes the invention claimed without the permission of the patent owner, they are infringing upon the patent and may be sued for an injunction and/or damages, depending on the facts of the case.

Provisional patent application

A provisional application for a United States patent is one which is filed with the USPTO, but which does not mature into an issued patent unless further steps are taken by the applicant. A provisional patent application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of the provisional application.

Patent search

A patent search is a search of all relevant presently or previously patented inventions. A patent search is typically conducted during the early stages of patent procurement. A search is useful in that it educates the inventor and his/her legal representation about the relative novelty of the invention.

Patent portfolio

A patent portfolio is a collection of patents owned by a single entity, such as an individual or a corporation. The patents may be related or unrelated. The monetary benefits of a patent portfolio include a market monopoly position for the portfolio holder and revenue from the licensing of the intellectual property contained therein. Non-monetary benefits include strategic advances like first-mover advantages and defense against rival portfolio holders.

Patent portfolio management

Refers to the legal process of managing the collection of patents owned by a single entity.

Patent pending

A term that can be displayed on an item that is the subject of a patent application filed before a patent office, even prior to the patent being granted.