Summary on Patents Josiah Hernandez

What is a Patent A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. Does not give the right to make, use, offer for sale, sell or import the subject matter covered by the claims.

What is a Patent Cont It is a grant from the U.S. federal government: to the INVENTOR to EXCLUDE others from making, using, offering for sale, selling or importing the invention into the UNITED STATES

What is a Patent Cont Patent does NOT give inventor the right to make, use or sell invention Only the right to exclude others So, if making invention infringes on someone else patent or other rights, patent doesn't give inventor the right to avoid the rights of others

What is a Patent Cont But no protection until applied for and received from government No rights unless make an application and get it successfully issued Until patent issued, others can exploit without infringing They can make, use or sell invention during interim period In some areas, by time patent issues, invention may be obsolete

Concept of Right to Exclude Patent Holder #2 Patent Holder #1 Holds a patent having claims to a yellow marker with a pen on the opposing end Holds a patent having claims to a yellow marker Patent Holder #1 has the right to exclude anyone from making, using, selling or importing a product having the basic element of a yellow marker. Patent Holder #1 has the right to right to exclude others from making, using, offering for sale, selling or importing the marker having a pen on the opposing end. In order for Patent Holder #2 to make his invention, he must obtain permission from Patent Holder #1 to make his invention which comprises the basic element of a yellow marker. Please note that Patent Holder #2 does not have the right to make his invention.