Designs can be the original product of creative intellectual effort, and so may be considered intellectual property. The difficulty with design, ranging from artistic expression on the one hand to engineering on the other, is in defining what kind of intellectual property the design may be, especially when the design is applied to a manufactured … Continued
A utility patent is granted in return for the disclosure of the invention of something new and useful. Provided that the disclosure fully “teaches” the invention, so that anyone having “ordinary skill” in the field of the invention could make, use, or practice the invention, and provided that the inventor can show that it is … Continued
Patentable Discoveries and Their Protection Everyone understands what “invention” is. It’s making up something new. There are certain requirements that must be fulfilled, however, if a government is to grant you patent protection of your invention. These requirements are set out in law because, unlike the automatic copyright protection of creative expression and the protection … Continued
Once granted, and for the duration of the term of the patent, only the inventor or assignee (i.e., the patent holder) may determine whether and by whom the patented invention may be practiced. It is not a requirement of U.S. law that a new technology be used, only that it is useful. On the other … Continued
Patent protection is a national matter, so that patent protection must be sought in each country in which patent protection is wanted. Public disclosure prior to filing the patent application severely limits the ability to gain patent protection outside the United States and Canada. Generally, an inventor in the United States who has not publicly … Continued
