how do patent laws help an inventor course hero

How do patents protect inventors?

Patents protect the interests of inventors whose technologies are truly groundbreaking and commercially successful, by ensuring that an inventor can control the commercial use of their invention . An individual or company that holds a patent has the right to prevent others from making, selling, retailing, or importing that technology.

What makes a person an inventor under the law?

Importantly, inventorship is based solely on the claims in a patent — not the entire disclosure. So a person qualifies as an inventor only if they helped conceive something that’s described in at least one of the patent’s claims. AN INVENTOR NEED NOT HAVE REDUCED THE IDEA TO PRACTICE

Who is considered an inventor for a patent or patent application?

As long as a person has contributed to at least one claim in the patent application, they are considered an inventor, and should be listed as such on the patent application. Inventors are not required to have: As we mentioned earlier, inventorship for a U.S. patent or patent application is determined by only what is stated in U.S. law.

What happens if you don’t patent your invention?

Without patent protection, you hold no legal rights to your invention. And worse, if someone else files for patent protection on your idea, you will no longer be able to make your invention without infringing on that patent.

Why should every inventor consider getting a patent?

Anyone interested in launching a business or selling a new product should consider getting a patent, because they provide at least three significant benefits to you and your business.

What would happen if someone else invented a patent?

If someone else was able to introduce their own version of the patented product, prices would drop. Fortunately, the patent prevents them from introducing their version of the patented product. They would be infringing and would be liable for damages and could be enjoined by a court of law.

Why is patent important?

A patent allows an inventor to sell a product at a higher price if there is significant market demand. It does not help increase market demand for the product. For this reason, the benefit of a patent is only useful to inventors with products for which there is a large market demand. Let me explain.

What is the first of the three patent protection benefits?

Barrier to entry. The first of three patent protection benefits is an exclusionary right. A patent erects a barrier to entry so that others cannot compete against the inventor. They would not be able to introduce their version of the patented product into the marketplace.

Why is expedited patent processing important?

Expedited processing is useful because utility and design patents would otherwise be useless for technology that changes rapidly, e.g., within a year or two. The reason is that normal examination processing takes about 2-3 years before the patent can be granted.

What happens if a small company or solo inventor is to market the same product as a large corporation?

If a small company or solo inventor were to market the same product as a large corporation, the small company or solo inventor would likely lose, and the larger corporation would capture more market share of the product. However, with a patent involved, everything changes. This is one of the significant benefits to patent protection.

Why do people dangle patents in front of inventors?

The theory is that by dangling the promise of a patent in front of inventors, they would be encourage to invent and to teach others how to make and use the invention so that after time passes and the patent has expired , the public can use the invention.

What is the legal term for a person who has conceived an invention?

In simpler terms, a person has “conceived” an invention when their idea is clear enough to enable someone skilled in the field to implement the invention in a practical form (the legal term for this is “reduction to practice”). Importantly, inventorship is based solely on the claims in a patent — not the entire disclosure.

What are the benefits of patents?

Once the patent issues, the owner of a patent enjoys significant commercial benefits, as they have the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention.

What is inventorship based on?

Importantly, inventorship is based solely on the claims in a patent — not the entire disclosure. So a person qualifies as an inventor only if they helped conceive something that’s described in at least one of the patent’s claims.

Can an inventor profit from an invention?

The inventors can profit off of the invention, even if they no longer work for you. The inventors can license the patent rights to a third party (e.g., your competitor) without sharing the royalties with you. The inventors could form a competing company and sell a competing product.

Is an implementer an inventor?

So if a person implements (builds, codes, or carries out) an invention under the direction of someone else who conceived the entire novel idea, the implementer is not an inventor — unless they made an additional, inventive contribution during the implementation process.

Can a business claim patent rights?

Your business can claim ownership of an invention only if your employee has assigned ownership to the business. If the employee doesn’t do this (and continues to retain ownership), you won’t be able to enforce the patent rights against them or against your competitors.

Why should inventors not use patent protection?

Reasons to Consider Not Using Patent Protection. The main reason that inventors choose not to use patent protection is the cost to file for a patent. Even preparing and filing the application yourself requires paying an application fee, which varies, based on the size of the company.

Why don't new inventors have to file for patents?

Many new inventors don't have the money to file for patent protection. Another reason you wouldn't use patent protection is if your idea isn't patentable. Some inventions are too generic to qualify for patent protection, and others are too similar to prior art, or items that already hold patent protection.

Why do inventors delay patent filing?

Some inventors choose to delay filing for patent protection until they determine whether the product will succeed in the marketplace. But because of the changes to U.S. patent laws, this is a risky move. If someone else files first, he or she will likely get the protection instead of you.

What is patent protection?

Patent protection allows the inventor of a new product or design to have exclusive rights to make, sell, use, and/or import the item throughout the United States. No other company or individual can make, sell, use, or important an item that is identical or even very similar. If another company or person does infringe on the patent protection, ...

How long before you can file for a patent can you release your invention?

If you released any information about your idea more than 12 months before you file a patent application, your own information about the invention would qualify as prior art and would eliminate your chance to file for patent protection.

What happens if someone else files for patent protection?

And worse, if someone else files for patent protection on your idea, you will no longer be able to make your invention without infringing on that patent. Updates to U.S. patent laws in 2011 changed from "first-to-invent" protection to "first-to-file.".

How many patents have been issued?

A patent holder may have the right to license the product or design to others, but this is at his/her discretion. Over seven million patents have been issued in the U.S. When working on a new idea, an inventor should think about patent protection throughout every step of the design, manufacturing, and production process.

Why do inventors need patents?

Patents recognize and reward inventors for their commercially-successful inventions. As such they serve as an incentive for inventors to invent. With a patent, an inventor or small business knows there is a good chance that they will get a return on the time, effort and money they invested in developing a technology.

Why do we need patents?

Patents protect the interests of inventors whose technologies are truly groundbreaking and commercially successful, by ensuring that an inventor can control the commercial use of their invention . An individual or company that holds a patent has the right to prevent others from making, selling, retailing, or importing that technology.

What is patent information?

Patent information. In addition to recognizing and rewarding inventors for their commercially successful technologies, patents also tell the world about inventions. In order to gain patent protection for their invention, the inventor must provide a detailed explanation of how it works.

What is the WIPO Academy?

The WIPO Academy offers a free distance learning course that covers the basics of the PCT in 14 modules. Successful participants earn an electronic certificate upon completion of the course.

What is a patent?

A patent is a private right that is granted by a government authority. It only has a legal effect in the country (or region) in which it is granted. So inventors or companies that want to protect their technology in foreign markets need to seek patent protection for their new technologies in those countries.

How long does it take to get a patent in multiple countries?

The full cost of obtaining patents in multiple countries – which can be quite high – are deferred by up to 18 months. This means that applicants have an opportunity to test the market or to attract new business partners.

What is the criteria to obtain a patent?

But generally, to obtain a patent an inventor needs to demonstrate that their technology is new (novel), useful and not obvious to someone working in the related field.