Patents Flashcards
(17 cards)
What is a patent?
A property right granted by the U.S. government giving inventors exclusive rights to make, use, sell, or import their invention for a limited time.
What happens after a patent expires?
The invention enters the public domain.
How long does a utility patent last and when does it start?
20 years from the date of application filing.
How long does a design patent last and when does it start?
15 years from the date of grant.
Under the America Invents Act, who gets the patent?
The first inventor to file, not the first to invent.
What can be patented?
New and useful processes, machines, products, chemical compositions, and improvements to existing inventions.
What are examples of patentable subject matter?
Processes, manufactured items, compositions of matter (e.g., chemicals).
What cannot be patented?
Laws of nature, natural phenomena, abstract ideas, ideas not reduced to invention, and nuclear weapons.
What is a utility patent?
Covers useful, new, and non-obvious inventions (e.g., machines, software).
What is a design patent?
Protects ornamental designs or how something looks (e.g., shape of an iPhone).
Can you get both a utility and design patent for the same feature?
No, you cannot get both for the same feature.
What is a plant patent?
Covers new, asexually reproduced plants.
What are the 3 requirements to get a utility patent?
- Useful (works), 2. Novel (not known or sold before), 3. Non-obvious (not an obvious improvement).
How long do you have to apply after first public use or sale?
1 year.
What is patent infringement?
Making, using, or selling a patented invention without permission, even if done unknowingly.
Does a U.S. patent protect you internationally?
No, you must apply in each country for protection.
What are the remedies for patent infringement?
Injunctions, monetary damages, and possibly legal fees.
