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LSDefine
Simple English definitions for legal terms
patent
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A quick definition of patent:
A patent is a special right given by the government to someone who invents something new. This right allows the inventor to be the only one who can make, use, and sell their invention for a certain amount of time. There are three types of patents: one for machines or processes, one for new designs, and one for new types of plants. To get a patent, the invention must be new, not obvious, and useful. Once someone has a patent, they can sell it or let someone else use it for a fee. If someone else tries to make or sell the same invention without permission, they can get in trouble and have to pay a lot of money.
A more thorough explanation:
Definition:
A patent is a government grant that gives the holder exclusive rights to make, use, and sell an invention for a certain period of time. The U.S. Patent Office grants patents for inventions that are novel, non-obvious, and useful. There are three types of patents:
- Utility patent: Includes a process, a machine, manufactured products, and compounds or mixtures.
- Design patent: A new, original, and ornamental design for a manufactured article.
- Plant patent: A new variety of a cultivated asexually reproduced plant.
For example, if someone invents a new type of phone charger, they can apply for a utility patent to protect their invention. If the patent is granted, they have the exclusive right to make, use, and sell the phone charger for 17 years.
Usage:
Patent law specialists can help inventors search for existing patents to determine if their invention is truly unique. If it is, they can file an application with the U.S. Patent Office, including detailed drawings and specifications. While waiting for the patent to be granted, the inventor can mark their product or design as "patent pending." Once the patent is granted, the product can be marked with the word "patent" and the designated patent number.
If someone manufactures a product that infringes on an existing patent, they can be sued for patent infringement and may have to pay substantial damages.
Example:
Henry A. Wallace developed hybrid corn, which made him rich for life. He was granted a plant patent, which gave him the exclusive right to reproduce and sell the hybrid corn for a certain period of time.
This example illustrates how a plant patent can protect a new variety of a cultivated plant and give the inventor exclusive rights to reproduce and sell it.