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A patent does not give a right to make or use or sell an invention. [1] Rather, a patent provides, from a legal standpoint, the right to exclude others [1] 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 [4] subject to the payment of ...
Invention in the U.S. is generally defined to comprise two steps: (1) conception of the invention and (2) reduction to practice of the invention. When an inventor conceives of an invention and diligently reduces the invention to practice (by filing a patent application, by making, testing, and improving prototypes, etc.), the inventor's date of ...
(a) the problem with biological inventions is where the discovery of Nature's work ends and where a human invention begins, i.e. patent monopoly should not encompass a "natural phenomenon or a law of nature". (b) the problem with the software inventions (such as “mathematical algorithms, including those executed on a generic computer,...
The long history of patents and strong protection of patent holders contributes to abuse of the system by patent trolls, which are largely absent in other countries. [citation needed] The US also has an extensive body of case law comprising federal court precedents that have accumulated over more than 200 years.
The publication of the invention is mandatory to get a patent. Keeping the same invention as a trade secret rather than disclosing it in a patent publication, for some inventions, could prove valuable well beyond the limited time of any patent term but at the risk of unpermitted disclosure or congenial invention by a third party.
Patent family – patents for a single invention in multiple countries. Triadic patent – series of corresponding patents filed at the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO), for the same invention, by the same applicant or inventor. Triadic patents form a special ...