Patents: Domestic And International

PATENTS: DOMESTIC AND INTERNATIONAL

One way of protecting one’s intellectual property is to file a patent application with the United States Patent and Trademark Office (USPTO) and receive their approval that the patent is valid. Patents protect inventions by excluding others from using, making or selling the invention for twenty years after the date of filing in the United States.Design patents only last for fourteen years. Patents that are filed within the United States are only valid in the United States, the U.S. Territories, and Possessions.1 In the United States, patents must be new, genuine, useful, and non-obvious to an expert in that field, they must be a new idea, something that is novel and different from anything else that is currently known across the world. Patentsare not granted for incremental changes to a previously existing item. Furthermore, patents will not be obtained by suggestion or idea; patents are acquired through invention or complete description of the subject matter.[1]
In the United States, patents are granted only to individual inventors, whereas other countries often issue to companies. As a result United States patent policy hascreated the necessity for contractual terms requiring employees to assign all rights to use the patented invention to their current employer. Additionally, there are terms insisting that the employee follow all procedures necessary to apply for the patent and once received, allow the company to use the patent.
While most other foreign countries issue patents to the first to apply for thepatent, the United States grants their patent to the first to invent. If there are competing patents for the same invention, the U.S. gives priority to the person who can prove that they were the first to invent, as opposed to the first to apply for the patent.
Prior to application, the United States allows public disclosure or use of the product for on year prior to applying for a patent.This allows inventors to test the commercial viability of the product prior to enduring the time and expense of applying for a patent. This is a problem in other countries because they do not necessarily uphold this rule and they will not grant a patent in their country because the idea is no longer novel as a result of being placed in the public eye for a year.
In the United States, patentapplications are kept confidential unless and until a patent is granted. Other countries publicly disclose applications and allow for public comment. The United States is taking steps to move towards this type of procedure.
Other differences between the United States and foreign countries concerning patents are that the U.S. excludes few categories of inventions, whereas others exclude itemssuch as drugs and medical procedures. Additionally, in the United States, a patent is not required for a product to be used, while in other countries it may be necessary. The majority of foreign countries require that the patented invention be must be created in the country after a period of usually three years. If the patent holder has not manufactured the product after this period, the patentmay become void, or in most countries, the patent will be licensed to any person who wishes to apply for the license.[2]
Since patents that are granted within the United States are only valid within the United States, the U.S. Territories, and Possessions, a patent holder in the U.S. who wishes to be recognized in foreign countries must apply in each of those respective countries. Most othercountries have their own foreign laws about patents and each applicant must adhere to those respective laws.[3]
In 1994, more than one hundred nations signed the Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS agreement). This document worked to establish international protection of patents, trademarks, and copyrights.3 Creating international documents that provide...