Sunday March 26 , 2017

US Patent Law

United States patent law was recognized "to support the Progress of Science and helpful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

as provided in the United States Constitution. Congress implemented this protection as a first-to-invent patent legal structure. By contrast, all other national patent laws are first-to-file systems. The necessities of the law are laid out in Title 35 of the United States Code (U.S.C.) and give authority for the United States Patent and Trademark Office. This system is permitted by Article One, Section 8(8) of the U.S. Constitution.

In the U.S., a patent is a right to rule out others from making, using, selling, offering for sale, exporting mechanism to be collected into an infringing device outside the U.S., importing the product of a patented procedure practiced outside the U.S., inducing others to infringe, offering a product specially adapted for practice of the patent, and a few other very carefully defined categories. Thus, just thinking about an invention, or drawing a diagram, is not an infringement. Research for "purely philosophical" inquiry is not an infringement, but research directed to commercial purposes is - unless the study is directed toward obtaining approval of the Food and Drug Administration for introduction of a generic version of a patented drug.

Under current US law, the term of patent is 20 years from the initial claimed filing date, plus patent term extension.

Substantive law

Under Title 35 of the United States Code, the patentability of inventions is defined under Sections 100-105. Most notably, section 101 sets out subject matter that can be patented; section 102 defines novelty and loss of right to patent; section 103 lists what constitutes non-obvious subject matter.

Procedure

PRE-GRANT PUBLICATION (PG PUB)

The United States Patent and Trademark Office publish patent applications 18 months after they are filed. This time limit can be extended under certain circumstances for an additional fee. The applications are published before a patent has been granted on them.

Links - Los Angeles patent Lawyer

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