The protection afforded by patents

The protection afforded by patents

| Jun 5, 2020 | Intellectual Property |

Businesses and individuals in Georgia who create new processes and products may protect their intellectual property by securing patents. Obtaining a patent can help by excluding others from the ability to use the patented process or product without express permission from the patent holder through a license.

Patents are issued by the U.S. Patent and Trademark Office. When a patent application is approved, the patent holder is granted the right to prevent others from using the processes or goods that have been patented. Patents generally last for 20 years from the dates that the original patent applications are filed with the USPTO. To keep the patent in place for the entire period, the patent holder must pay maintenance fees and continue to file the required paperwork.

Getting a patent does not confer the right to sell or make something. Instead, it only gives the business or individual patent holder the right to prevent others from using it without a license. Patent holders will still need to check the laws and regulations of their jurisdictions before they sell, make, or do anything with their intellectual property to make sure that they are complying with the legal requirements in their locations.

Businesses can benefit by securing patents for their intellectual property. Getting a patent can help to protect a business’s intellectual property by preventing others from using or stealing it. Businesses that have created new processes may want to consult with experienced intellectual property lawyers for help with applying for patents. The attorneys may research the process to ensure that it is unique and help their clients to complete the patent applications. If a patent application is contested, the attorneys might litigate on behalf of their clients to protect their interests and to try to help them secure their patents. Attorneys may also represent their clients in patent litigation if they learn that someone else is using their patented processes without a license.