Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets

By Deborah E. Bouchoux | Go to book overview

13
Patent Basics

A patent is a grant from the federal government conferring the right to exclude others from making, selling, or using an invention for the term of patent protection. Like copyrights, patents are governed exclusively by federal law. Whereas rights in trademarks arise from use and copyright rights arise from the moment a work is created, and neither requires federal registration, patents must be issued by the federal government to be protectable. There are three types of patents: those for useful objects, those for the ornamental design of an object, and those for asexually reproduced plants. This book focuses primarily on patents for useful objects, called utility patents, because they are by far the most common type of patent.

Whereas trademarks can last forever if properly protected and maintained, and copyrights have a long term of duration (generally the author's life plus seventy years), patent protection lasts only twenty years from the application date for utility and plant patents (and fourteen years from the grant date for design patents). After this period of protection, the exclusive monopoly given to the patent owner expires and the invention falls into the public domain, free for all to use. Moreover, during the term of utility patent protection, fees are due at various intervals to maintain the patent in force.

No patent gives its owner the right to make, use, or sell the invention; rather, the right granted is only to exclude others from making, using, or selling the patented invention. Thus, if one obtains a patent for a new widget and the widget would infringe another's patented invention or sale of the widget requires a license, the inventor has no right to make, use, or

-153-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 262

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.