Patent

patentspatent lawpatentedpatent rightsutility patentpatent protectionpatentingpatent lawsroyal privilegepatent holder
A patent is a form of intellectual property.wikipedia
4,197 Related Articles

Intellectual property

intellectual property rightsIPintellectual properties
A patent is a form of intellectual property.
Intellectual property encompasses two types of rights; industrial property rights (trademarks, patents, designations of origin, industrial designs and models) and copyright.

Invention

inventorinventionsinventors
A patent gives its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time, usually twenty years. Rather, a patent provides, from a legal standpoint, the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees.
A patent legally protects the intellectual property rights of the inventor and legally recognizes that a claimed invention is actually an invention.

Sufficiency of disclosure

sufficient disclosureadequately specify the technology in the patent documentsbest mode
The patent rights are granted in exchange for an enabling public disclosure of the invention.
Sufficiency of disclosure or enablement is a patent law requirement according to which a patent application must disclose a claimed invention in sufficient detail for the notional person skilled in the art to carry out that claimed invention.

Patent infringement

infringementpatent litigationinfringed
In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights.
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder.

Patent claim

claimclaimspatent claims
Typically, however, a granted patent application must include one or more claims that define the invention.
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application.

Inventive step and non-obviousness

inventive stepobviousnessinventive
These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness.
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented.

Patentable subject matter

patent eligibilitypatent-eligibilitypatent-eligibility trilogy
Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states.
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection.

Patentability

patentablefour-factor testpatent
These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness.
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent.

Term of patent

termpatent termterm of the patent
TRIPS also provides that the term of protection available should be a minimum of twenty years. Rather, a patent provides, from a legal standpoint, the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees.
The term of a patent is the maximum period during which it can be maintained in force.

Utility model

utility modelsUtility Model Protection
Some other types of intellectual property rights are also called patents in some jurisdictions: industrial design rights are called design patents in the US, plant breeders' rights are sometimes called plant patents, and utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents.
A utility model is a patent-like intellectual property right to protect inventions.

Biological patent

gene patentpatentedgenetic patent
Particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents.
A biological patent is a patent on an invention in the field of biology that by law allows the patent holder to exclude others from making, using, selling, or importing the protected invention for a limited period of time.

TRIPS Agreement

TRIPSAgreement on Trade-Related Aspects of Intellectual Property RightsTrade-Related Aspects of Intellectual Property Rights
Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application.
Specifically, TRIPS requires WTO members to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers and broadcasting organisations; geographical indications; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information.

Software patent

software patentspatentpatents
Particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents.
A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm.

Land patent

patentedpatentpatents
Similar grants included land patents, which were land grants by early state governments in the USA, and printing patents, a precursor of modern copyright.
Besides patent, other terms for the certificate that grants such rights include first-title deed and final certificate.

Chemical patent

patentchemical patentschemical or pharmaceutical patent
Particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents.
A chemical patent, pharmaceutical patent or drug patent is a patent for an invention in the chemical or pharmaceuticals industry.

Gebrauchsmuster

Some other types of intellectual property rights are also called patents in some jurisdictions: industrial design rights are called design patents in the US, plant breeders' rights are sometimes called plant patents, and utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents.
In German and Austrian patent laws, the Gebrauchsmuster (GebrM), also known as German utility model or Austrian utility model, is a patent-like, intellectual property right protecting inventions.

Industrial design right

industrial design rightsdesignsdesign
Some other types of intellectual property rights are also called patents in some jurisdictions: industrial design rights are called design patents in the US, plant breeders' rights are sometimes called plant patents, and utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents.
Registering for an industrial design right is related to granting a patent.

Letters patent

commissionpatentpatent of nobility
It is a shortened version of the term letters patent, which was an open document or instrument issued by a monarch or government granting exclusive rights to a person, predating the modern patent system.
A particular form of letters patent has evolved into the modern patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention (or a design in the case of a design patent).

Statute of Monopolies

statute forbidding such action1624 English Statute of MonopoliesStatute of Monopolies 1624
This was incorporated into the Statute of Monopolies (1624) in which Parliament restricted the Crown's power explicitly so that the King could only issue letters patent to the inventors or introducers of original inventions for a fixed number of years.
The Statute of Monopolies was an Act of the Parliament of England notable as the first statutory expression of English patent law.

Maintenance fee (patent)

maintenance feesannual feeannual fees
Rather, a patent provides, from a legal standpoint, the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees.
Maintenance fees or renewal fees are fees that are paid to maintain a granted patent in force.

Venetian Patent Statute

Although there is some evidence that some form of patent rights was recognized in Ancient Greece in the Greek city of Sybaris, the first statutory patent system is generally regarded to be the Venetian Patent Statute of 1474.
The Venetian Patent Statute of March 19, 1474, established in the Republic of Venice the first statutory patent system in Europe, and may be deemed to be the earliest codified patent system in the world.

Opposition proceeding

oppositionoppositionsopposed
In most jurisdictions, there are ways for third parties to challenge the validity of an allowed or issued patent at the national patent office; these are called opposition proceedings.
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.

Doctrine of equivalents

equivalentdoctrine of equivalenceequivalents
(In many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the doctrine of equivalents).
The doctrine of equivalents is a legal rule in many (but not all) of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.

Samuel Winslow (patentee)

Samuel Winslow
In 1641, Samuel Winslow was granted the first patent in North America by the Massachusetts General Court for a new process for making salt.
In 1641, Samuel Winslow was granted the first patent in North America by the Massachusetts General Court for a new process for making salt.

Samuel Hopkins (inventor)

Samuel Hopkins
The first patent was granted on July 31, 1790 to Samuel Hopkins for a method of producing potash (potassium carbonate).
Samuel Hopkins (December 9, 1743 – 1818) was an American inventor from Philadelphia, Pennsylvania, On July 31, 1790, he was granted the first U.S. patent, under the new U.S. patent statute just signed into law by President Washington on April 10, 1790.