Patent Law

Created by Lincoln Porter on January 17, 2017 2294

A patent is a right conferred by the US Government that allows a person to stop others from using, selling, or importing any product that incorporates his/her invention or design.  There are three types of patents:


(1) Utility patent (most common),
described as an "invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof" (35 USC 101)

(2) Design patent,
described as "a new, original, and ornamental design" embodied in or applied to an article of manufacture (35 USC 171); and

(3) Plant patent, described as a new and distinct, invented or discovered asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state (35 USC 161).  

Written by Lincoln Porter on February 25, 2016 1 2752
View all explanation (1)

Supporting Authority

Pfaff v. Wells Electronics, Inc., 525 U.S. 55, 63 (1998).
Link to Supporting Resource

Describing the patent system as "a carefully crafted bargain that encourages both the creation and the public disclosure of new and useful advances in technology, in return for an exclusive monopoly for a limited period of time."

Created by Lincoln Porter on January 15, 2016 1 2975

STATUTES, RULES, REGULATIONS (3) SHOW ALL ADD STATUTES

35 U.S. Code § 161
Link to Supporting Resource

"Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of this title. The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided."

Created by Lincoln Porter on January 15, 2016 1 3053

35 U.S. Code § 171
Link to Supporting Resource

"Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title."

Created by Lincoln Porter on January 15, 2016 0 3023