Patent

:This article relates to the intellectual property right. A land grant is also called a patent.

Legal implementation

A modern patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention. Generally, patents are enforced only through civil lawsuits. Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights. Governments typically reserve the right to suspend or cancel a patent at will.

Related Topics:
Right - Invention - Civil lawsuit - Licensing agreements - Contract

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A patent application, for a utility patent in the United States (as opposed to a design patent), must explain how to practice (i.e., make and/or use) the invention(s) and must also include claims that particularly point out the invention(s) and define the scope of the subject matter for which exclusive rights are sought by the patent applicant. The exclusive rights are limited to the subject matter encompassed by the patent's claims. Patent claims are typically of the form of a long sentence, e.g.:

Related Topics:
Patent application - United States - Design patent - Claim

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• "An apparatus for catching mice, comprising a base member for placement on a flat surface, a spring member..."
• "A chemical for cleaning windows, comprising approximately 10-15% ammonia, ..."
• "A method for computing future life expectancies, the method comprising gathering personal data including X, Y, Z, ..."

Each word of a claim is considered an "element" or "limitation" of the claim. In order to exclude someone from using your patented invention in a court, you will have to demonstrate to the court that what the other person is using is included within the scope of at least one claim of the patent.

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For this reason, it is more valuable to obtain patent claims that include the absolute minimal set of limitations that differentiate a new invention over what came before. While the United States is moving towards more rigid claim interpretations, "equivalents" of claim elements or limitations may be permitted in determining patent infringement. The practice elsewhere in the world differs.

Related Topics:
Equivalents - Patent infringement

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Example

If an inventor takes an existing patented mouse trap design, adds a new feature to make an improved mouse trap, and obtains a patent on the improvement, he or she can legally build his or her improved mouse trap only with permission from the patent holder of the original mouse trap, assuming the original patent is still in force.

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On the other hand, the owner of the improved mouse trap can exclude the original patent owner from using the improvement. Under these circumstances, patent owners sometimes engage in cross-licensing agreements.

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