Patent Law

A Patent law is law to protect the inventor from unlawful copying, selling, offering to sale or producing goods which are patented by the inventor. The law aims to promote science and useful arts in a lawful and secure way. The patent law secures the right of the patent owner for a limited time over his discovery, invention and writing. In US, the patent system draws it authorization from Article 1, section 8(8) of the US constitution.

US Patent Act

Under the existing US patent act, any patent is granted for a period of twenty years from the earliest claim filing date. The term of twenty years can be extended via legal process defined under Patent Term Adjustment and patent Term Extension. For patent applications filed before June 8, 1995, the term of exclusive right granted under the US patent law is either seventeen years or twenty years, whichever is longer, depending on the earliest claimed domestic priority date.

Section 100 to 105 of the US patent Act defines the patentability of inventions or the matter which can be patented under the US patent act. Under the US patent Act, the patent owner can further develop the patented subject matter.

A marked difference between US patent law and other national’s patent law is that US Patent Law grants patent to “first to invent” meaning the person who first invents get the right under the patent law and not the person who first files the patent application.

Under US patent law patent applications are published eighteen months after the application filed and the time limit can be extended further on payment of a specific fee. The application is published to have given as a public notice.

US patent law grants patent as property rights and the patent can be sold or transferred by the patent owner.

Law Article Archive