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Patents 101 - The Basics Of Patent Applications - Articles SurfingA patent is an official document given by a nationalgovernment to an inventor (or business or corporation) whowishes to have sole rights over a product for a limitedamount of time. Once the patent is granted, no one else hasthe right to make, sell, market, or profit from theinvention. In the United States, the U.S. Patent and Trademark Office(USPTO) allows inventors and patent owners (includingbusinesses and corporations) to protect their products andidentification from others. Information can be found athttp://www.uspto.gov Not just anything can be patented. In fact, obtaining apatent may prove difficult given the necessary paperwork,research and signatures needed. In order to obtain one, theinvention has to be brand new. This new invention has toalso be useful, original, and not easily created. In theUnited States, these products might be machines,compositions or methods, and manufactured products. Ideascannot be patented, nor can products that have been"improved" or which have "changed" in size. Plant patents, which protect non-pollinating plants,utility patents that protect regular, new inventions, anddesign patents, which protect the look or creativity of atangible product, are examples of the types of patents thatexist under the USPTO. Patents give an inventor or business corporation the legalright to own their invention. This means the patent holdernow has a legal monopoly and can do with it, what s/hedesires for the life of the patent. U.S. patents are goodfor twenty years from the date the patent was requested.This can be extended, but is difficult to do. And, paymentsto the government must be made throughout the life of thepatent (usually 20 years). An inventor may sell all their rights to the patent, or mayopt to sell only a certain part of it. When the patentholder licenses his or her product to a manufacturer, forexample, he or she receives royalties based on the sale ofthe product or invention. The phrase "patent pending" has no legal hold, but simplymeans that an individual or corporation is in the act ofpatenting a certain product. If an item already has apatent on it, then the copying of this item isinfringement. The patent holder can file a claim to sue theaccused.
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