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Rights, Types and Requirements of Patents
What are the different types of United States patents?
The most common type of patent is a utility patent. Utility patents protect function, usually in a device or method. A utility patent may be filed either as a provisional patent application or a standard patent application. The next most common is a design patent, which protects aesthetic appearances. A third, highly uncommon, patent exists. This is a plant patent, which protects asexually reproduced plants such as roses.
An invention is something that is new, useful and non-obvious. Other technical requirements must be met for the patent to issue, relating to the disclosure and form of the claims. Meeting the technical requirements is generally within the ability of a skilled patent practitioner.
What is the requirement of "new" or "novel"?
New and novel have the same meaning. Specifically, one's invention is new or novel if the invention is not identical to a single invention found in the prior art. Any public disclosures or offers for sale of your invention more than one year prior to your filing for a patent are prior art. This is called the on-sale bar and is perhaps the single most common reason why an invention may not be new or novel.
What is the requirement of "useful"?
An invention that is useful is one that functions. This requirement is to avoid issuance of patents on perpetual motion machines. Some inventions are so advancing of science that many people do not currently have the capacity to understand how the invention functions. Scientific testing can be used to prove that this requirement has been met.
What is the requirement of "non-obvious"?
Non-obviousness is anything that is outside the ability of one having ordinary skill in the art. This is a subjective test that is difficult to explain and difficult to apply. In essence, one looks to two or more prior existing inventions to find the parts of the invention in question. Typically, this can be found in all inventions. To combine the parts of different inventions there must also be a teaching to make the combination. Typically, this teaching is not present in patentable inventions.
About the Author:
N. Paul Friederichs, founder, started practice as a patent attorney in 1992 at a major Minneapolis, Minnesota law firm where he was the highest performing associate. In 1993, he started and developed Friederichs Law Firm with his father. Throughout this time Paul�s experience was heavily weighted toward litigation. He served such clients as Tonka Toys, American Harvest and Boston Medical.
He can be reached at http://www.angenehm.com/ and [email protected]