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Patents
A patent is a specific set of exclusive rights that is granted to the inventor or assignee for a fixed period of time by the state in exchange for a disclosure of an invention.
To receive a patent, an inventor must apply for the license from the government. A patent application must have one or more claims defining the invention. The invention must be new, inventive, and either useful or industrially applicable.
In many countries, some subject areas are excluded from receiving patents. These areas include business methods and mental acts. The exclusive right granted to a patentee is the right to prevent or exclude others from doing any of the following with the invention:
- Making
- Using
- Selling
- Offering to sell
- Importing
The term ‘patent’ usually refers to a right granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter. It can also be granted to someone who discovers any new and useful improvement to an existing item.
The United States uses the term ‘utility patent’ is used to distinguish certain types of patents from other types of patents. There are other specifications for special classes of patents. These include:
- Biological patents
- Business method patents
- Chemical patents
- Software patents
There are other types of intellectual property rights that are also referred to as patents. Industrial design rights are called design patents in some areas. Plant breeders’ rights are sometimes called plant patents.
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