Patent and
copyright laws give the inventor the exclusive rights to the invention. No one
else can produce the invention for a set period of time under patent and
copyright law. Patent and copyright laws are set up to protect inventors. The
law on patents can be found in the United States Constitution, Article 1,
Section 8 and in Title 35 of the United States Code.
The agency that
is in charge of patent laws is a Federal Agency known as the Patent and
Trademark Office. Anyone who applies for a patent will have their application
reviewed by an examiner. The examiner will decide if a patent should be granted
to the inventor. Individuals who have their patent application turned down can
appeal it to the Patents Office Board of Appeals.
Just because someone
has a patent does not mean they have the right to use, make or sell the
invention. For instance, if a drug company comes up with a new drug, they can
get a patent on it. However, it would not be available to be sold to the
general public until the drug becomes approved by other regulatory bodies.
Likewise, someone may invent an improvement to an existing product, yet they
will not be allowed to produce or sell the item until they obtain a license to
do so from the owner of the original patent holder.
For someone to
receive a patent, as stated, they must fill out an application on their
invention. The application will entail the details of the invention and how it
is made. In addition, the person applying for a patent must make claims that
point to what the applicant deems or regards as his or her invention. A patent
may have many claims with it. The claims protect the patent owner and notify
the public exactly what the individual has patented or owns.
If
someone infringes upon patent and copyright law, it is usually enforced in a
civil court setting. The owner of the patent will generally bring a civil
lawsuit against the person who has infringed upon their patent and ask for
monetary compensation. In addition, the patent owner can seek an injunction
which would prohibit the violator from continuing to engage in any acts that
would infringe upon their patent in the future.
Many patent owners
will make licensing agreements (or contracts) with others. These agreements
allow another person or company to use someones patented invention in return
for royalties. In addition, some patent holders who are competitors may agree
to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That
person had to seek out a patent for their invention. Patent and copyright laws
protect inventors from having their ideas and inventions stolen out from under
them. This makes the playing field more level for individuals. Without these
laws, the marketplace would be out of control and the small guy would probably
be eaten alive by big business.













