What Does it Mean to Have a Patent?


Intellectual property can be extremely valuable to your business, especially if your specialty is innovation. Because understanding what type of intellectual property protection may be best for you, it is important to get educated on the range of applications and licenses available. But first, be aware that as soon as you create intellectual property it is yours. The significance of applying for a patent or trademark or service mark with the United States Patent and Trademark Office or a copyright with the U.S. Copyright Office is that you have confirmation of the product, therefore leading to stronger legal rights should you have to sue over infringement.

While copyrights refer to artistic expressions of work (such as literature, music, architecture, software, and more), and trademarks and service marks refer to branding, logos, and slogans, patents are relevant to inventions, and give you usually around 20 years of exclusivity to make and sell whatever it is you have created.

The application process for a patent can be complicated and it is recommended that you speak with an intellectual property attorney from a firm like the Bolender Law Firm first. With expert legal help, you will be able to start by searching the USPTO Full-Text and Image Database for similar patents that may already be registered—and although this doesn’t count you out in terms of being approved, you may need to consider what is already out there and what the ramifications are. Upon applying, there may be a waiting period of around two years—but it could last beyond that. What this means is that you should be very serious about what you are registering, have foresight about beginning the process, and then be ready to wait.

Once granted, having a patent means the following, according to the USPTO:

“The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.”

Patents are divided into several categories—utility, design, and plants. Patents must be considered useful and are not viable in the form of just an idea or concept. The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!


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