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U.S. Patent Law Basics

A patent is a right granted by a government to an inventor to exclude others from making, using, offering for sale, or selling the inventor’s invention throughout the country granting the patent, or importing the inventor’s invention into that country for use or sale. Patents are specific to particular jurisdictions / countries. There is no such thing as an international patent, though there is a “World” patent application. In the United States, the right is granted by the United States Government for a limited period of time in exchange for the inventor publicly disclosing the invention in the granted patent. Note that the right is granted by the United States Government and therefore the patent and its protections only have effect in the United States.

Patent Law Ally Law

There are several different types of patents, and the patenting process can be complicated if it is not something you deal with regularly. In order for an invention to be patentable, it must be new, non-obvious, and useful.  In general, laws of nature, physical phenomena, abstract ideas and inventions that are not useful or are offensive to the public morality cannot be patented. Literary, dramatic, musical and artistic works also cannot be patented. However, these can be copyright protected. Before filing an application for a patent, thorough research must be conducted to make certain qualifying determinations, and a detailed description meeting specific requirements must be prepared.  If you believe you have an invention worth patenting, or other intellectual property you wish to protect, consult with your Ally Law member firm to decide on the correct method of protection and the applicable process and procedure to ensure your intellectual property remains YOURS.  Ally Law member firms around the globe have experienced intellectual property groups and will work closely with you to protect your intellectual property rights appropriately in every country in which you wish to pursue such security. For more information about Ally Law member firm services in this area, contact us at yourally@ally-law.com.

Click here for the original article by Joseph Rolnicki of Ally Law member firm Evans & Dixon, LLC.