Patent law is a branch of intellectual property law that provides protection to new inventions, such as products, processes, designs, and coding algorithms. It is a property right that gives the inventor the legal capacity to prevent others from making, using, or selling an invention for a specified period of time. This encourages innovation by allowing inventors to exchange new developments with others.
Traditional patentsprotect tangible scientific inventions, while more recently they have been used to protect a wider variety of inventions.
The exact eligibility for patent protection is a subject of debate and courts often struggle to determine what is a new and unobvious invention. If others want to use or sell your invention, you can sell the patent or enter into a patent license agreement. The patent application must be detailed enough so that a person with experience in the field can create and use the same product. For example, drugs usually go through years of testing before they are ready for commercialization, but a provisional patent lasts only 12 months.
Other existing patents or local laws may affect the inventor's ability to use, sell, or make a patented invention. The area of patent law aims to encourage new products and inventions by giving creators the legal right to use and take advantage of the things they create. Sometimes, when the government infringes a patent, litigation or legal process is brought through the United States Court of Claims. Inventors can also file a provisional patent application, which allows them to label an invention as pending patent to warn anyone who wants to copy the invention.
To become a patent attorney, one must pass a special bar exam called the Registration Exam to practice in patent cases. Patent holders can challenge any person or corporation that seeks to infringe their patent rights. For lawyers with technical and scientific training, patent law can provide a good opportunity for them to gain advanced knowledge. If the patent office denies a patent application, the applicant may request a reconsideration or may appeal the denial to the Patent Appeals and Interference Board. Careers for scientists in the patent world include filing, examination and challenge of patents.
A number of important and popular non-traditional career paths for scientists are available in this field.