When
you are issued a US patent, you receive an official copy of
the patent from the US patent office. This official copy is
bound in a folder with a message from the Director of the US
Patent and Trademark Office printed on the cover. This message details the rights granted with
the issuance of this patent.
Click here to see a copy
of that coverpage.
The
key statement as to the rights granted to the inventor (or his
assignee) is:
Therefore, this United States Patent grants to the person(s) having title
to this patent the right to exclude others from making,
using, offering for sale, or selling the invention throughout the USA or importing
the invention into the USA for the term set forth below, subject to the payment
of maintenance fees as provided by law.
If
the patent application was made after June 8, 1995, the term
of the patent is 20 years from the filing date.
If the inventor has assigned the patent to another person
or entity, then all his rights are transferred to the assignee.
What exactly is the invention in
a patent?
The
invention for which the inventor (or his assignee)
has the right to stop others from making or marketing is what
is described in the Claims at the end of the patent.
Does the patent give the inventor (or his assignee)
the right to make or market
his invention?
No,
not necessarily. The
rights granted the inventor (or his assignee) merely permits
him to stop others from making or using this invention.
There may be cases where he would not be able to make
or market his invention. One such case is the existence of prior patents
covering technologies necessary for the construction or operation
of the invention. In
such case, the inventors (or assignees) of the prior patents
can stop the new inventor from making or marketing his invention.