Intellectual Property Law

What Is Patent Law? What Do You Need To Get A Patent?

4 August, 2023


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Have you come across those cases where a company gets awarded millions because some other company stole from them? Have you faced a similar problem where your technology, that you developed by working so hard, was copied by others?

Are you a business having technology that sets you apart from competitors? Do you want legal protection for your unique invention? Do you want to get licensing agreements or partnerships with top-notch companies through your patented products? Do you want to prevent others from copying your invention? Well, patent regulations and law come to your rescue.

Patent law is a set of rules and regulations that govern the protection of new inventions and unique creations. It grants inventors exclusive rights to their innovations. It allows them to prevent others from using, selling, or profiting from their ideas without permission.

It allows creators to control and profit from their creations for up to a period of 20 years. Patent regulation allows you to get rewards for your innovations. It urges one to put effort and strive for technological advancements, get patents on their inventions, and also earn money out of it.  

But first, let us get some concepts cleared out.


What Is A Patent?

A patent is a legal protection granted by the government to inventors for their new creations. A patent is an exclusive right that an inventor has on their creation. They can control and use their invention, preventing others from making, using, selling, or copying it without their permission. Patents help encourage creative minds to come up with new innovations. The inventors are rewarded for their ideas and creations.

What All Do You Need To Get A Patent? Patent Law Requirements

According to the patent laws of the USA, these are the requirements that you should check off your list to get a patent on your invention.

There Has To Be Novelty

If you have to get a patent on your invention, the invention must be new. Anywhere in the world, people should not be aware of this invention or be using it before the date of the patent application. If the invention you want a patent on has already been in public knowledge or even sold more than a year before the date when you file for the patent, it has no novelty.

The Invention Should Be Non-obvious

The invention should not be an obvious improvement on existing technology or knowledge. It must involve some level of creativity on your part and uniqueness that makes it different from what is already known publicly.

Your Invention Must Have Practical Use

The invention must have a practical and useful purpose. It should be capable of some kind of useful function or application, and it should not be purely abstract or theoretical.

It Must Be Eligible For A Patent Under The Law

Not all types of inventions are eligible for patents. These are the subject matters on which you cannot get a patent. a. Laws of Nature. This can include natural phenomena or principles, such as gravity, electromagnetism, and mathematical formulas, which cannot be patented. These are considered part of the common knowledge of humankind.

b. Physical Phenomena

These can include natural occurrences, like lightning, earthquakes, or naturally occurring substances, which cannot be patented because they are not inventions, technically.

c. Abstract Ideas

These can include mathematical algorithms, mental processes, and philosophical concepts, which are not eligible for patents. These are thoughts and ideas rather than tangible inventions.

d. Some More Non-Patent Subject Matters Are-

  • Business methods and financial or economic concepts.
  • Scientific theories.
  • Literary, dramatic, musical, and artistic works.
  • Inventions that harm public policy.
  • Organisms like plants, animals, and microorganisms are found in nature.

It is to be noted that if an inventor deliberately keeps their invention hidden by choice for more than one year before filing for a patent, they can no longer get a patent for it.

What Are The Primary Patent Laws Of The US?

The federal patent laws of the USA control how patents are given to inventors for their creations. These laws are made by the United States Patent and Trademark Office (USPTO) to encourage new ideas and protect inventors’ rights. The main patent laws of the USA include:

The Patent Act of 1952

This is the basic law that explains what can be patented, how to get a patent, and the rights of patent owners.

America Invents Act (AIA) of 2011

This law changed how patents are granted and made it easier to challenge patents. It also made the USA follow a “first-inventor-to-file” system.

Patent Cooperation Treaty (PCT)

This is an international agreement that helps people file patents in different countries.

Bayh-Dole Act of 1980

This law lets universities and small businesses keep the rights to inventions made with government funding.

Leahy-Smith America Invents Act (AIA) Technical Corrections Act of 2013

This law fixed some issues with the America Invents Act of 2011.

Innovation Act

This law tries to stop unfair patent lawsuits and improve patent quality.

All these laws help protect inventors and encourage new inventions and innovations in the USA.

Do You Need A Patent Lawyer Or A Patent Law Firm?

Patent law can get complex. Your Patent Lawyer can determine if your invention is eligible for a patent by checking things like novelty, non-obviousness, and usefulness.

  • They can draft and submit the required legal documents for obtaining a patent on your invention.
  • A patent lawyer handles communications with the patent office and responds to any questions or requests for clarification during the application process.
  • They also defend your invention against infringement by making sure that they do not copy or use it without your permission.

If your patent rights are harmed, a patent lawyer can help you take legal action to protect your invention and seek compensation for damages.

How To Get A Patent?

First, you have to write down all the details and drawings of your invention. This should show how it works and what makes it unique.

  • Then, you can go and check if similar inventions already exist. Look for patents related to your invention.
  • Next, you have to decide on the type of patent you need. It could be a utility, a design patent, etc.
  • Download a formal patent application template or create one by consulting a patent lawyer. It should have all the necessary information regarding your invention.
  • Now it is time for you to submit your application to the United States Patent and Trademark Office (USPTO). You can do this online or by mail.
  • Your application will be checked and reviewed,

If your patent is agreed upon, you have to now pay regular fees to keep it in force.

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Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.

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