Typically, our government frowns upon any type of monopolization in commerce, due to the belief that monopolization hinders free trade and competition, degrading our monetary. A good example is the forced break-up of Bell Telephone some years ago in the many regional phone brands. The government, in particular the Justice Department (the governmental agency which prosecutes monopoly or "antitrust" violations), believed that Bell Telephone was an unfair monopoly and forced it to relinquish its monopoly powers over the telephone industry.
Why, then, would the government permit a monopoly in the form of a patent? The government makes an exception to encourage inventors to come forward with their designs. In doing so, the government actually promotes advancements in science and technology.
First of all, it should objectives to you just how a patent gives "monopoly. "A patent permits the owner of the patent to prevent anyone else from producing the product or using the process covered by the patent. Think of Thomas Edison and also the most famous patented invention, the light bulb. With his patent for that light bulb, Thomas Edison could prevent any other person or company from producing, using or selling light bulbs without his authorization. Essentially, no one could competing him in the sunshine bulb business, thus he possessed a monopoly.
However, in order to receive his monopoly, Thomas Edison had to give something in return. He needed to fully "disclose" his invention to the public.
To obtain a united states Patent, an inventor must fully disclose what the invention is, how it operates, and really way known with the inventor to causes it to be.It is this disclosure to your public which entitles the inventor the monopoly.The logic for doing this is that by promising inventors a monopoly to return the favour for their disclosures to the public, inventors will continually strive to develop new technologies and disclose them on the public. Providing these with the monopoly allows them to profit financially from the invention. Without this "tradeoff," there would include few incentives to formulate new technologies, because without a patent monopoly an inventor's hard work would bring him no financial reward.Fearing that their invention would be stolen when they attempt to commercialize it, the inventor might never tell a soul regarding their invention, and consumers would never benefits.
The grant of rights under a patent lasts for a limited period.Utility patents expire 20 years after they are filed.If this hadn't been the case, and patent monopolies lasted indefinitely, there that i see serious consequences. For example, if Thomas Edison still held an in-force patent for the light bulb, we could possibly need to pay about $300 purchase a light bulb today.Without competition, there would be little incentive for Edison improve upon his light.Instead, once the Edison light patent expired, citizens were free to manufacture light bulbs, lots companies did.The vigorous competition to just do that after expiration of the Edison patent resulted in better quality, lower costing light lamps.
II. Types of patents
There are essentially three types of patents which you have to be aware of -- utility patents, design patents, and provisional patent applications.
A utility patent applies to inventions which have a "functional" aspect (in other words, the invention accomplishes a utilitarian result -- it actually "does" something).In other words, the thing may different or "special" about the invention must be to obtain functional purpose.To be eligible for utility patent protection, an invention must also fall within at least one of these "statutory categories" as required under 35 USC 101. Keep in mind that just about any physical, functional invention will get caught in at least one amongst these categories, so you need not be troubled with which category best describes your invention.
A) Machine: think of a "machine" as something which accomplishes a task brought about by the interaction of that physical parts, like a can opener, an automobile engine, a fax machine, etc.It is effectiveness and interconnection because of physical parts in which we are concerned and which are safe by the lumineux.
B) Article of manufacture: "articles of manufacture" should be thought of as things which accomplish a task just like a machine, but without the interaction of various physical parts.While articles of manufacture and machines may seem to be able to similar in many instances, you can distinguish the two by thinking of articles of manufacture as more simplistic things which typically have no moving broken parts. A paper clip, for example is an item of manufacture.It accomplishes a task (holding papers together), but is clearly not a "machine" since it is a simple device which does not make use of the interaction of assorted parts.
C) Process: a way of doing something through one or higher steps, each step interacting in one method or another with a physical element, is referred to a "process." A process can be a fabulous method of manufacturing a known product or can be a new use for a known product. Board games are typically protected as a means.
D) Composition of matter: typically chemical compositions such as pharmaceuticals, mixtures, or compounds such as soap, concrete, paint, plastic, and other snack food can be patented as "compositions of matter." Food items and recipes regularly protected in using this method.
A design patent protects the "ornamental appearance" associated with the object, rather than its "utility" or function, which remains safe and secure by a software application patent. Some other words, if ever the invention can be a useful object that carries a novel shape or overall appearance, a design patent might provide the appropriate protection. To avoid infringement, a copier might have to develop a version will not look "substantially similar on the ordinary onlooker."They cannot copy the shape and overall look without infringing the design patent.
A provisional patent application is a stride toward purchasing a utility patent, where the invention may not yet be prepared to get yourself utility patent. In other words, if it seems as though the invention cannot yet obtain a software application patent, the provisional application may be filed the actual planet Patent Office to establish the inventor's priority on the invention.As the inventor carries on to develop the invention promote further developments which allow a utility patent regarding obtained, then the inventor can "convert" the provisional application to a good utility application. This later application is "given credit" for the date as soon as the provisional application was first filed.