A patent reserves in its owner the ability to be the sole owner and user of the patented rights, unless permission by its owner has been given.

The biggest mistake people make is to shop the new invention/idea around without first protecting their rights to the exclusive use of the invention/idea. This may enable those who see the invention/idea to use it until protection is obtained.

Also, shopping your idea/invention around may create a loss of right to the exclusive use of your invention/idea, see below.

Contact Olszewski & Associates, PLC before either of these happen to you.

WHAT IS PATENTABLE?
Patentable subject matter is determined by Congress in Section 101 in the Patent Code as “any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof.” This allows for much patentable subject matter, including, business methods, computer programs, decorations, and small improvements of an existing product or process.

LENGTH OF PROTECTION
A Design Patent, which is a patent that protects the ornamental design of an item, is valid for fourteen (14) years upon issuance of the patent.

A Utility Patent, which is a patent that protects a product, process, or improvement thereof, lasts for twenty (20) years from the filing date of the patent application.

A Provisional Patent, which is a patent that reserves your right to file a utility patent application, as discussed above, lasts for one (1) year. HOWEVER, if a patent application is not filed within the year, the right to patent the disclosed invention is lost.

LOSING RIGHTS
Public Disclosure- In the U.S., if the idea or invention has been disclosed publicly more than one (1) year prior to filing a patent, the right to file the patent may be lost. In a foreign country, if disclosed publicly, then all rights to file may have been lost immediately.

If an idea must be or has been disclosed, it is usually best to protect the idea immediately by filing a provisional patent application and follow by a conventional patent later. Please contact Olszewski & Associates, PLC immediately to check the status of your rights.

WHY PATENT?
It is often the best way to profit from your invention. Patents give you the exclusive right to produce, use or license the invention. You may then be able to collect royalties, assign or sell all or a portion of your patent rights, or exclusively produce and/or sell the invention.