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Patents and Trademarks: Protecting Your IP

Why do patents exist?

To protect inventors and advance discoveries!

Once granted a patent you can:

  • Damages for infringement
  • Criminal penalties
  • Excluding others
  • Royalties
  • Foster Innovation

What does it mean to hold a patent?

A patent is one way of protecting your intellectual property (IP) rights over something that you have created.

  • Patent

    Inventive, unique, novel and no-obvious  

There are three main types of patents:

  1. Utility - Articles of manufacture, processes, machines, methods (20 years from application, renewable 3 times)
  2. Design - Ornamental (15 years, non-renewable) JohnDeere Green
  3. Plants - Asexually reproduced, new varieties (20 years)

Steps to get a patent

Are you eligible to get a patent?

Who can get a patent:

  • Must have conceived invention
  • Contribution to claims
  • Joint inventorship
  • Oaths and declarations
  • Transferring
  • Independent

Steps to get a patent:

  •     Full disclosure of invention
  •     Prove Patentable subject matter 35 USC $101
    •     Novelty 35 USC $102
    •     Non-obvious 35 USC $103
       
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