Patent law provides protection to new inventions, which may be products, processes or designs, and provides a mechanism for protecting the invention. Patent law promotes the exchange of new developments with others to encourage innovation. A patent is a property right that gives the inventor the legal capacity to prevent others from making, using, or selling an invention for a specified period of time. Patent law is the branch of intellectual property law that deals with new inventions.
Traditional patents protect tangible scientific inventions, such as circuit boards, car engines, heating coils or zippers. However, over time, patents have been used to protect a wider variety of inventions, such as coding algorithms, business practices, and genetically modified organisms. Exactly what is eligible for patent protection is a subject of intense debate, and courts often struggle to determine what is a new and unobvious invention. One of the most controversial aspects of patent law is that it does not recognize the differences between types of inventions.
If others want to use or sell your invention, you can sell the patent or enter into a patent license agreement. The patent application must be detailed enough so that a person with experience in the field can create and use the same product. For example, drugs usually go through years of testing before they are ready for commercialization, but a provisional patent lasts only 12 months. Other existing patents or local laws may affect the inventor's ability to use, sell, or make a patented invention.
The area of patent law aims to encourage new products and inventions by giving creators the legal right to use and take advantage of the things they create. Sometimes, when the government infringes a patent, litigation or legal process is brought through the United States Court of Claims. Inventors can also file a provisional patent application, which allows the inventor to label an invention as a pending patent to warn anyone who wants to copy the invention. Patent law is the area of law that deals with the exclusive right of an inventor to use his own invention.
To become a patent attorney, a person must pass a special bar exam called the Registration Exam to practice in patent cases. Patent holders can challenge any person or corporation that seeks to infringe their patent rights. For lawyers with technical and scientific training, patent law can provide a good opportunity for them to gain advanced knowledge. If the patent office denies a patent application, the applicant may request a reconsideration or may appeal the denial to the Patent Appeals and Interference Board.
Careers for scientists in the patent world A number of important and popular non-traditional career paths for scientists include the filing, examination and challenge of patents.
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