Patent Law Basics

Patent law refers to the legal right to exclude others from making, using, or selling your invention for a limited time. An exclusive right is a very broad term, and many nuances in the law such as small changes to a patented idea to create a new invention.

Moreover, patents can be sold, licensed, assigned and even given away upon approval of the patent holder. United States patent law is derived from Article 1 section 8 clause 8 of the U.S. Constitution, which was implemented to allow Congress to promote the progress of science and useful arts.

Patents are apart of the intellectual property area of law that also includes copyrights and trademarks. Distinctively different from both, patents actually have a functional use. Additionally, patents cannot be obvious and must be novel, or a new invention as explained by professionals from InventHelp patenting agency.

One of the main distinctions to know is between a provisional and non-provisional patent. A provisional patent is more for a business that does not want to pay the fee to actually get a full patent. When you file for a provisional patent, you are essentially filing to hold your spot in line, for up to year, before deciding to file a non-provisional patent or not. It is advisable to get help from professionals, such as InventHelp.

Generally, someone will file for a provisional patent if they would like to see if they even have a product worth going through the entire process of obtaining a full non-provisional patent. On the other hand, if you know you would like to patent your invention with certainty, then it is a good idea to go ahead and file a full non-provisional patent as soon as possible.

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