Best U.S. Patent Act Review
An overview of the US patent act. No one may produce, use, give, or sell anything that is patented without the express permission of the patent holder. This act only covers things produced, invented, designed, or grown, here in the US or imported into the US. Three types of patents were discussed: 1. Design patents which cover new, original, or ornamental designs. You may patent something in this category for 14 years. 2. Plant patents cover newly discovered or produced plants. This patent is good for 20 years. 3. Finally, utility patents cover and new or improved machine, product, or process and is good for 20 years.
U.S. Patent Act
The U.S. Patent Act is designed to help protect people and their intellectual property. It prevents individuals from stealing and/or claiming inventions created by other individuals on their own, and they can’t claim them as their own when it’s invented by someone else.
Basically, the U.S. Patent Act specifically prohibits the production use giving or selling of something that someone has filed a patent on without the express permission of the person who filed the patent. So, the person has come up with something new and they get a patent on it (we’ll talk about the types of patents later). By getting that patent on the product or design, they are thereby preventing other people from manufacturing it, using it, giving it away, or selling it without the express written permission of the patent holder.
The U.S. Patent Act only covers things patented in the U.S., meaning if there’s a product, a process, a machine, plant life, designs, things like this in other countries, the U.S. Patent Act does not cover that. Things that are in the United States are protected by the U.S. Patent Act. It also prevents them from being brought in. You can’t manufacture something in another country and then import it in if it would then go against the patent holders. Things in this country or things in the process of being brought into the country are covered by the U.S. Patent Act.
The three types of patents that the U.S. Patent Act covers are Design, Plant, and Utility. A design patent lasts for 14 years from the date that it is filed, and it covers new, original, and/or ornamental designs. The second type of patent is a plant patent. This is covered for 20 years from the time the patent is filed on a newly discovered asexually reproducing plant. You cannot produce, use, give, or sell them without the permission of the patent holder.
Finally, the last type of patent is a utility patent. It also lasts for 20 years, like the plant patent does, from the date in which the patent was filed. It covers new or improved machinery, new or improved products, or new and improved processes, so if you come up with a new machine, new product, or a new processor or an improved machine product or process, and you file a patent on it, no one can produce it, use it, give it, or sell it without your permission for the next 20 years.
This is just a basic outline and facts of what the U.S. Patent Act covers. It’s only here in the United States or things that come in the United States. It does not cover things that remain in other countries. One thing to note is that, even though the U.S. Patent Act forbids people from doing this if there is copyright infringement or patent infringement there’s no specific recourse in the Act for handling that. The Act says that you can’t do this, but if someone does it anyway, you’ll have to find something other than the Act to help enforce your patent infringement.
Just remember the three types: Design, Plant, and Utility and the number of years that they last, Design being the shortest at 14, and the other two are 20. Also remember what they cover.
Provided by: Mometrix Test Preparation
Last updated: 04/20/2018