If you have an invention, it is always a good idea to go for patent filing. Through patent filing, the inventor gains the right to use the invention for his new business. Patent owners also can sell or license their patents to other companies. Thus, the filing of a patent grants the proper protection for the invention. It also prevents others from using the idea without your consent.

Need of Patent Laws

Patent laws promote more innovations. The patent laws intend to protect the rights of the inventor. It stops others from copying successful ideas and products. Thus, US patent laws promote more research and development.

US Patent Law

Every nation has its patent laws. Patent laws serve the interests of the inventors of a country. A patent provides a monopoly of the invention for a limited period. The United States has its patent laws called United States Patent Laws. The U.S. constitution authorizes these laws. US Code 35 governs various aspects of patent laws. United States Patent and Trademark Office (USPTO) grants patents in the US.

US Patentability Requirements

An invention should meet the following basic requirements.

An invention must be subject matter eligible

Inventors can get a patent for a new process, machine, manufacture, or composition. The definition also includes any new and useful improvements. But there are certain more conditions and requirements.

This statement has broad standards and will include almost all types of inventions. An invention must meet the 'subject matter eligibility' criteria.

An invention should be useful

Under this rule, the invention must be useful to be patentable. Most of the inventions meet this rule except a few.

An invention should be new or novel

According to US patent laws, the invention should be new to be patentable. This rule states that an invention is not considered new if it is already known. One cannot receive a patent for an invention if:

An invention cannot be patented if:

• The invention was already in the public domain,
• The invention was already described in a printed publication,
• The invention was already described in a published patent application or issued patent

It is advisable to file the patent application before any public disclosure. One must file within one year from the first public disclosure by the inventor if required.

An invention should be non-obvious

This rule is essential. An invention must be non-obviousness compared to the existing knowledge. The criteria will see whether the invention is obvious to a person working in a similar area. This rule is one of the challenging requirements in patent laws.

The inventor gets the rights for 20 years for the patented invention from the filing date. Others cannot use the invention without the consent of the patent owner in this period. The patent knowledge is available to the public and free for anyone to use after the expiry of the patent term.

Types of patents

There are various types of US patents as outlined below:

Utility patents:

These are also known as functional patents and are the most common type of patents. Utility patents comprise a new process, machine, manufacture, composition, and even improvements. This category includes inventions related to computers, medical equipment, tools, chemical compound, etc.

It can take up to 2-3 years to receive a utility patent. But it gives long-term protection for 20 years. It excludes others from making, selling, or using it.

The patent owner also needs to pay maintenance fees. It is more expensive compared to other types of intellectual property protection.

Design Patents:

One can file Design patents for a new, original, and ornamental design of new products. The protection is available for 14 years. There are no maintenance fees associated with this type of patent.

Plant Patents:

One can file Plant patents for a new variety of plants. But there are certain limitations. This patent also provides protection for 20 years from the filing date.

Business Method Patents:

This is a type of utility patent which protects a process. It is also called an internet patent. It is helpful in software-related technologies for online business. The protection is available for 20 years. The developer has exclusive rights over it during this period.

Improvement and New use patent

Inventors can make improvements to existing patents and put them to new use. It may include addition or substitution in the existing patent. One can file this type of patent in the case of the addition of new development.

An inventor knows everything about the invention and may understand the filing process. But it may be challenging to follow all the US patent laws to file a patent application. IPExcel can help you in the right way so that you have a smooth patent filing experience. Our best lawyers in the US have the right amount of knowledge and experience.

It is important to protect the work of the inventor or creator. But it is also crucial that others do not copy the patented inventions. Intellectual property lawyers can provide valuable suggestions in this regard.

Conclusion

The United States patent laws intend to benefit the inventor in the best possible way. Patent rights promote research and innovation in various fields. Sometimes, it isn't easy to understand and follow all the mandatory steps stated in US patent laws. Filing and maintaining a patent takes a lot of effort. It can be responsible for the growth of your business. It is always a better idea to take the help of patent lawyers in US.

Our patent lawyers in USA has the best expertise in patent-related matters. One can get the best guidance in all steps, starting from patent filing to maintaining the patent.