What is a
Patent?
When a
new invention or product is invented, the inventor may try to
protect his ideas from being used or taken by applying for an
award called a patent. There are 3 types of patents: design,
plant and utility. The U.S. Government has a Patent Office
located in Arlington, Virginia, which studies the applications
for new ideas or products and issues patents. The right of this
type of protection is guaranteed in the Constitution of the
United States (Article 1 Section 8) and has been in place for
over 200 years. The U.S. Patent and Trademark Office works to
issue patents to inventors to help them make money from their
invention by only permitting those who get permission from the
inventor to sell, make, import or use the invention to make new
things. A patent will protect the invention for up to 20 years.
Many times the original inventor will sell or license the rights
to an invention to someone else. Many inventions that receive
patents are never made commercially and so the person who
received the patent never makes any money from their ideas. It
can cost $4,000 or more to get a patent and can take almost 2
years.
Patents
are issued for a period of 20 years. When they expire they can
not be renewed except in special circumstances. After the patent
expires, the inventor is no longer protected and someone else
may use the idea. You do not have to have a patent for your
invention in order to make and sell it, but if you have a good
idea and it is not protected by a patent then others can also
make and sell your invention. It doesn't matter how old you are,
anyone who has invented or greatly improved an item can apply
for and be granted a patent.
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Three
Types of Patents
Design
patents are issued for products or items that have a special
look which is new or different. This type of patent might be
given for a new design of tennis shoe or the look of a product.
Pokemon characters are protected by design patents.
Plant
patents are awarded for new plant varieties. You may have a
special type of rose or type of tomato plant growing in your
garden which has been issued a patent for the specific plant
type.
Utility
patents can be given for the way an item is used or or what it
does. Utility patents are also issued for things that are
manufactured. Machines such as computers and items such as
medicines would receive an utility patent. Fred Frick received
utility patents for his Electric Program Clock.
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Trademarks
and Copyrights
Sometimes
people confuse patents with trademarks or copyrights. These are
each given for different reasons. Trademarks protect things that
can be a sound, name, or a logo that distinguishes a product or
service. Trademarks can be renewed as long as it is being used
in business. When something is trademarked it usually has a TM
or ® next to its name or picture to show that it has been
registered.
A
copyright protects things like a song or book that someone has
written. Copyrights are registered at the Library of Congress.
Copyrights last the lifetime of the author plus another 70
years. When something is copyrighted it usually has a symbol ©
next to its name.
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