SolveYourProblem Article Series: Copyrights
I Need To Understand Copyright Law
Patent
and Copyright Laws
Patent and copyright law gives the inventor
the exclusive rights to the invention. No one else can produce
the invention for a set period of time under patent and copyright
law. Patent and copyright law is set up to protect inventors.
The law on patents can be found in the United States Constitution,
Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency
known as the Patent and Trademark Office. Anyone who applies
for a patent will have their application reviewed by an examiner.
The examiner will decide if a patent should be granted to the
inventor. Individuals who have their patent application turned
down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they
have the right to use, make or sell the invention. For instance,
if a drug company comes up with a new drug, they can get a
patent on it. However, it would not be available to be sold
to the general public until the drug becomes approved by other
regulatory bodies. Likewise, someone may invent an improvement
to an existing product, yet they will not be allowed to produce
or sell the item until they obtain a license to do so from
the owner of the original patent holder.
For
someone to receive a patent, as stated, they must fill
out an application on their invention. The application will
entail the details of the invention and how it is made. In
addition, the person applying for a patent must make claims
that point to what the applicant deems or regards as his or
her invention. A patent may have many claims with it. The claims
protect the patent owner and notify the public exactly what
the individual has patented or owns.
If someone infringes upon patent and copyright law, it is
usually enforced in a civil court setting. The owner of the
patent will generally bring a civil lawsuit against the person
who has infringed upon their patent and ask for monetary compensation.
In addition, the patent owner can seek an injunction which
would prohibit the violator from continuing to engage in any
acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts)
with others. These agreements allow another person or company
to use someone’s patented invention in return for royalties.
In addition, some patent holders who are competitors may agree
to license their patents to each other to expand both of their
profits.
Most everything we use in our day to day life was invented
by someone. That person had to seek out a patent for their
invention. Patent and copyright law protects inventors from
having their ideas and inventions stolen out from under them.
This makes the playing field more level for individuals. Without
these laws, the marketplace would be out of control and the
small guy would probably be eaten alive by big business. # # # # # SolveYourProblem.com
: 2008
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