Patent Law Basics To Know Before You File

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Patent law is a legal discipline designed to protect intellectual property and to ensure that any benefits associated with that property, such as royalties, advances, or future sales opportunities are in the hands of the rightful owner. It may seem complicated at first glance, so take a look at these patent law basics to know if it’s time to start filing your application or infringement case.


There Are Three Main Patents

The three types of patents: utility patent, design patent, plant patent. Each of these designations protects a certain type of information, from functional use to aesthetics. If you’re planning to file a patent, you’re going to need to know under which umbrella your idea falls.

You Cannot Patent an Idea

It may be frustrating if you have a great idea and you want to ensure that no one else is able to use it, but patents only stretch as far as fully developed inventions, not ideas. If you’re looking to protect your concept as soon as possible, then your best bet is to get started on creation right away.

Patent Pending is Protective

You may have heard the term “patent pending” before, and that’s because it’s a common tool used by inventors and creators to protect their work before the official patent application has been completed or approved. You do have a measure of legal rights thanks to this provisional patent application, so it’s a good idea to file as early as you are able.

There Are Limitations to What You Can Patent

You cannot file a patent for an invention if someone already holds one for the same invention, but that’s not the only limitation. In order to be eligible for a patent, your invention or creation must be, by definition, patentable. It must also be useful in some capacity, new, in that no one else holds the rights to it, and it cannot be obvious. That is to say, if basic knowledge of the system or process can lead one to the invention, then it cannot be patented.

It is Separate From Copyright and Trademark

Patents are to inventions what copyright is to written materials and artistic works and what trademarks are to companies and businesses. A patent will protect an invention. A copyright is designed to prevent plagiarism for books or forgery for art. A trademark helps to identify a corporation.

For the professionals and resources you need to protect your inventions and build a better future, has you covered. Search “patent lawyers near me” to get started today!