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| IT and IP Law |
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| Patents |
 Patents protect rights in inventions. U.S.
law grants the inventor a monopoly on the rights to the invention for
twenty years. This limited-term monopoly is intended to encourage inventors
to file for patent protection, thereby publishing their inventions and
promoting further invention. Patents are published once they are issued.
The fact that patents are published distinguishes them from trade secrets,
which also protect the underlying invention.
In order to be patentable, an invention must be non-obvious and
it must have a useful purpose. Laws of nature, such as mathematical formulae, are
not patentable. Source code is patentable. Nevertheless, most software
is not patented. When it is patented, it is often the business method rather
than the software itself that is patented.
An invention is not protected by patent law in the U.S. unless the U.S.
Patent and Trademark Office issues a patent. The application process is
lengthy and expensive, especially if the inventor is seeking patent protection
in multiple countries. Enforcement of patent rights is also expensive.
In addition, once the twenty-year patent term expires, patent protection
is ended and the invention is available for all to use. For these reasons,
patents make sense for inventions with broad appeal that will be commercially
viable for years. |
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Home » General Counsel Services »IT and IP Law » Intellectual Property Law » Patents
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