United States Patent Law

United States Patent Law was established to promote the Progress of Science and useful Arts, by the means of securing for limited Times to Authors and Inventors the exclusive right to their respective writings and discoveries as provided in the United States Constitution. The Congress has implemented these protections as a first-to-invent patent legal framework. All the national patent laws are first-to-file systems. The provision of the law are laid out in Title 35 of the United States Code (U. S. C. ) and it gives authority for the United States Patent and Trademark Office, the system is permitted by Article One, Section 8(8) of the U. S. Constitution (Anonymous, 2010).

In the United States, patent is defined as the right to omit others from making, using, selling, offering for sale, exporting components that can be assembled into an infrining devide outside the U. S. , importing a certain product that undergo the patented process that is not practiced in the U. S. , motivating others to infringe, offer a product specially adapted for the practice of patent, and a few other very carefully defined categories and even merely thinking about an invention, or drawing a diagram that is not infringement.

Under the current U. S. law, the term of patent is 20 years from the earliest claimed filing date (Hunter, 2003). Application and prosecution An individual must file a written application at the patent office to request a patent. Applicant is the person or company that is filing an application, the applicant can be an inventor or its assignee. The application for patent will contain the description on how to make and use the invention, it must provide a sufficient detail for the person skilled in the art to create and use the invention.

Drawings and illustration of the invention may also be provided in the application (Gholz and Charles, 2000). One or more claims must be in the appliction. Claims are requested by the aplicant, its purpose is to protect the invention, and the inventor has the right to exclude others from making, using or selling the invention. In this case, claims are define as the scope of protection for the invention (Gholz and Charles, 2000). Patent pending is the other name of application. This term does not confer legal protection; the patent cannot be enforced until it is granted.

It will serve as the warninbg to the infringers, if the patent is issued, the infringers will be liable for the damage (Anonymous, 2010). The patent pallication must meet the patentability requirement of the country for the patent to be granted to the applicant. objections will be communicated to the applicant or their attorney if the application is not complies. One or more opportunities to respond to the objections can be provided. As the respond is granted, the patent will be subjected to renewal fees, this will keep the patent in force (Bessen et. al. 2008).