Intellectual Property

Intellectual Property (IP) Law includes copyrights, patents, trademarks, and trade secrets.

Definition of a Patent

U.S. Constitution: Article I, Section 8, Clause 8:

[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

A patent is an intellectual property right granted by the United States government to an inventor or owner [emphasis mine] “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention. 

A few things to keep in mind:

  • A patent is a legal document that gives the patent owner exclusive rights to make, use, sell, and import the invention within the U.S. 
  •  In exchange for protection for an invention (via the patent), the patent owner must allow for the public disclosure of the patent.  In other words, if you apply for a patent by default your patent is made public through the United States Patent and Trademark Office and is part of the public domain.
  • Limited time refers to 20 years from the date the patent application was filed for a utility or plant patent. Design patents are valid for 15 years
  • The USPTO has no function in monitoring or enforcing any infringements related to a patent.  It is the responsibility of the patent holder to find, and if need be, seek out legal help, if they suspect someone is infringing on their rights.

Examples