Patents
Refer to 35 U.S.C. and 37 C.F.R.
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A patent is a grant issued by the U.S. Government giving an inventor the right to exclude all others from making, using, or selling
the invention within the United States, its territories and possessions. · Covered by federal law and the U.S. Constitution
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A patent is a contract between inventor and the government wherein the inventor discloses his discovery in exchange for a
limited time duration monopoly
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A Provisional Patent (application) is used to temporarily protect the inventor's rights
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Holds the filing date, must file within 1 year of the application date for Patent
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Less formality
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20-year term from the date of filing initial provisional patent application
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A patent grant has attributes of personal property and rights may be transferred or assigned
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U.S. patent only effective in the U.S.
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Gives patent owner the right to prevent others from making, using, offering for sale, or importing the claimed invention within the
U.S.
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Foreign Filing:
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Must file within 12 months of U.S. application to preserve priority date
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License for applications filed in foreign countries
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Within 6 months of U.S. filing
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If not obtained, U.S. Patent barred; patent issuing on unlicensed application invalid
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Three types of patents:
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Utility Patent: 20-year term from the date of filing
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Plant Patent: 20-year term from the date of filing
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Design Patent: 14-year term
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Differ from trade secrets
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Disclosure in confidence by agreement
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No protection from independent discovery or reverse engineering
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Limited applicability
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