The U.S. Patent System

• Author: Joseph P. Kennedy/Wayne H. Watkins/Elyse N. Ball (With)
• Profession: Distinguished Professor of Polymer Science and Chemistry at The University of Akron/Associate Vice President for Research at The University of Akron/Project Manager for the University of Akron Research Foundation
• Pages: 1-6

CHAPTER 1

THE U.S. PATENT SYSTEM

1.1. WHAT IS A PATENT?

Let us start with the U.S. Patent Office’s definition of a patent:

A patent for an invention is the grant of a property right to the inventor,

issued by the United States Patent and Trademark Office. Generally, the

term of a new patent is 20 years from the date on which the applica-

tion for the patent was filed in the United States. ...U.S. patent grants

are effective only within the United States, U.S. territories, and U.S.

possessions.

The right conferred by the patent grant is ...the right to exclude others

from making, using, offering for sale, or selling the invention in the

United States or importing the invention into the United States. What is

granted is not the right to make, use, offer for sale, sell or import, but

the right to exclude others from making, using, offering for sale, selling

or importing the invention.

A patent is essentially a bargain or agreement, between the inventor and

the government. The essence of the agreement is that the inventor discloses

his secret (invention) to the public and the federal government authorizes him

How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers,

First Edition. Joseph P. Kennedy and Wayne H. Watkins with Elyse N. Ball.

© 2012 John Wiley & Sons, Inc. Published 2012 by John Wiley & Sons, Inc.

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