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Definition of Patent Law

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    Definition

    • Patent law governs the "right to exclude others from making, using or selling an invention or products made by an invented process that is granted to an inventor" for a period of time. Patents are not granted if the invention or product is obvious or known or used by others. Visit the United States Patent & Trademark Office website for more information.

    Types

    • The United States grants patents for new processes, designs and plants.

    Utility Patents

    • Utility patents mean "new and useful" processes, machines, manufactured products, or composition of matter (such as a new medicine) or improvements of these.

    Design Patents

    • The United States grants design patents for "new, original and ornamental" designs for manufactured products.

    Plant Patents

    History and Fun Fact

    • The power of the United States to grant patents is in Section 1, Article 8 of the Constitution.

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