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What
does this mean having a
patent.
Patents
grant an inventor the right
to exclude others from
producing or using the
inventor's discovery or
invention for a limited
period of time. U.S. patent
laws were enacted by
Congress under its
Constitutional grant of
authority to protect the
discoveries of inventors. See
U.S.
Constitution, Article I,
Section 8. The main body
of law concerning patents is
found in Title 35 of the
United States Code. In order
to be patented an invention
must be novel, useful, and
not of an obvious nature. See
§§
101 - 103 of Title 35.
Such "utility"
patents are issued for four
general types of
inventions/discoveries:
machines, human made
products, compositions of
matter, and processing
methods. See §
101 of Title 35.
Changing technology has led
to an ever expanding
understanding of what
constitutes a human made
product. Specific additions
to the Patent Act provide,
in addition, for design and
plant patents.
Prior to
a recent amendment prompted
by the Agreement on
Trade-Related Aspects of
Intellectual Property
(TRIPS) accompanying the
Uruguay Round GATT, patents
were normally issued for a
non-renewable period of
seventeen years, measured
from the date of issuance. See
§
154 of Title 35. Under
the amended provision (which
took effect June 8, 1995)
the term will be twenty
years measured from the date
of application.
Patent
infringement cases arise
under Federal patent law
over which the Federal
courts have exclusive
jurisdiction. See
§ 1338(a) of Title 28 of
The United States Code.
In 1975
the Patent Cooperation
Treaty was incorporated into
Title 35. See §§
351 - 376 of Title 35.
So
if you are copying the
Paintball Combat Landmine
Drop us a line so our legal
people can get a hold of you.
