What is Patent Law?
When an individual invents something, without proper protection, there is a great risk that some other person may copy it or steal it. If your idea is copied, the financial rewards and credits for your contribution to society for having invented the item, will be enjoyed by someone else and not you. Before patent law was established in the US, inventors all across the country were discouraged from their pursuits due to lack of proper protection. The government established patent laws that protected inventors' rights in order to reassure them that their ideas will be safe from others who are interested in stealing them. If you are wondering what is patent law you have come to the right place. Read on to learn more how to protect your intellectual property by patenting it. You will also learn how patents work and what an inventor can do if his patent is violated.
What Is a Patent?
A patent is a form of a legal document that protects your idea or invention from being used, copied or manufactured by others without your permission. By law, only you can manufacture or use your intellectual property. There is also the possibility to grant permission to a specific person and enable it to use your idea. This protection is not permanent. Once it expires, you should just renew the patent. If you have an invention you want to protect, you just need to contact a local patent office Miami to come to your aid.
There are three main types of patent protection that you can use to protect your intellectual property. You can choose between utility, design and plant patents. Utility ones protect inventions that involve the creation of machines or specific technical processes. It can also include protecting biological or chemical processes and compositions. Design patents protect the aesthetic part of a specific design of manufacture. Lastly, plant patent provides exclusive rights to anyone who has discovered or created a new plant. Inventors usually need utility patents. This type of protection lasts for 20 years. Since design and plant patents are a lot less common, they grant protection for 14 or 20 years. The only person who can apply for this type of intellectual property protection is the original inventor. If the invention was created under someone else’s employ, and if you have not signed a specific clause that grants rights to your employer, you are still the only person who has exclusive rights to your idea. Once you have granted the patent, you can transfer your right to your employer.
Violation of Intellectual Property Rights
If your legally protected idea is violated, you have to right to pursue enforcement or recourse. This can be a rather complicated and expensive procedure to handle on your own, so it is crucial to hire an IP lawyer to come to your aid. Large corporations mostly pursue IP violations in court. Before applying for intellectual property protection, you should consult with a local attorney. In case you hold a patent that someone has violated, an experienced legal representative can help you understand your right and take the necessary actions in order to reach the most positive outcome in the case.