Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent.
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👉 United States patent law in the context of Royal patent
Letters patent (plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, title or status to a person or corporation. Letters patent can be used for the creation of corporations, government offices, to grant city status or coats of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm.
A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention or design. In this case, it is essential that the written grant should be in the form of a public (patent) document so other inventors can consult it both to avoid infringement (while the patent remains in force) and to understand how to put it into practical use (once the patent rights expire). In the Holy Roman Empire, Austrian Empire, and Austria-Hungary, imperial patent was also the highest form of generally binding legal regulations, e.g. Patent of Toleration, Serfdom Patent, etc.
In this Dossier
- ⭐ Core Definition: United States patent law
- 👉 United States patent law in the context of Royal patent
- United States patent law in the context of Copyright law of the United States
- United States patent law in the context of Method (patent)
- United States patent law in the context of Alexander Graham Bell
- United States patent law in the context of Machine (patent)
- United States patent law in the context of Article of manufacture
- United States patent law in the context of Composition of matter
United States patent law in the context of Copyright law of the United States
In the United States of America, copyright grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1930, are in the public domain.
United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law (and patent law) under Article I, Section 8, Clause 8, known as the Copyright Clause. Under the Copyright Clause, Congress has the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
United States patent law in the context of Method (patent)
In United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The other three are a machine, an article of manufacture (also termed a manufacture), and a composition of matter.
In that context, a method is a series of steps for performing a function or accomplishing a result. While the terms method and process are largely interchangeable, method usually refers to a way to use a product to accomplish a given result, and process usually refers to a series of steps in manufacture. Thus, one might speak about a method for curing headaches that comprises the administration of a therapeutically effective dose of aspirin, or speak about a process for making soap or candles.
United States patent law in the context of Alexander Graham Bell
Alexander Graham Bell (/ˈɡreɪ.əm/ ; born Alexander Bell; March 3, 1847 – August 2, 1922) was a Scottish-born Canadian-American inventor, scientist, and engineer who is credited with patenting the first practical telephone. He also co-founded the American Telephone and Telegraph Company (AT&T) in 1885.
Bell's father, grandfather, and brother had all been associated with work on elocution and speech, and both his mother and wife were deaf, profoundly influencing Bell's life's work. His research on hearing and speech further led him to experiment with hearing devices, which eventually culminated in his being awarded the first U.S. patent for the telephone, on March 7, 1876. Bell considered his invention an intrusion on his real work as a scientist and refused to have a telephone in his study.
United States patent law in the context of Machine (patent)
In United States patent law, a machine is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), an article of manufacture (also termed a manufacture), and a composition of matter. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts").
In In re Nuitjen, 500 F.3d 1346 (Fed. Cir. 2007), the United States Court of Appeals for the Federal Circuit said:
United States patent law in the context of Article of manufacture
In United States patent law, an article of manufacture (also termed a manufacture) is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), a machine, and a composition of matter. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts").
In In re Nuitjen, the United States Court of Appeals for the Federal Circuit said:
United States patent law in the context of Composition of matter
In United States patent law, a composition of matter is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), a machine, and an article of manufacture. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts").
The United States Supreme Court has defined "composition of matter" to mean "all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids." That definition is problematic, however, because composite articles can be articles of manufacture—as in the case of a piece of plywood, a concrete sidewalk, a road, a fibreglass bathtub, a (kitchen) countertop, or a flitch beam.