Rights of Exclusive Licensee of a Patent

• Patent rights exclude others from the use, sale or creation of the patented invention.ligh bulb image by Peter Baxter from Fotolia.com
  
  The United States Patent and Trademark Office (USPTO) is responsible for administering patent laws. The office grants exclusivity rights for patent inventors for a term of approximately 20 years from the date of filing an application. Exclusivity rights grant the inventor the right to exclude other individuals from creating, utilizing, selling, importing or offering for sale the patented possession. These are the only rights conferred. Patent license holders must pay applicable maintenance fees to maintain their exclusive rights and are responsible for enforcing her patent rights. An overview of patent laws is provided.
  
  

Definition of a Patent

• The United States Patent and Trademark Office (USPTO) issues patents for inventions that establish property rights for the inventor. Patents are generally valid within the territories of the United States for 20 years from the date they are filed with the patent office. Patent rights allow the patent holder to exclude others from creating, utilizing, selling, importing or offering for sale the patented possession.
  
  

Types of Patents

• The USPTO issues three types of patents. Utility patents are granted to individuals who create or find a novel procedure, mechanism, manufacturing item or chemical composition. Design patents are granted to individuals who create original or decorative designs for manufacture. Plant patents are granted to individuals who create or find new methods for reproduction, or creation of a distinct type of plant .
  
  

Patentable Items

• In accordance with the American Inventors Protection Act, individuals who create or find original and practical new processes or methods, mechanisms, manufacturing methods, chemical compositions, or new operations or improvements thereof, are eligible to apply for a patent. Applicants for a patent must provide a full description of the actual mechanism or subject matter they are seeking a patent for.
  
  

Who Can Apply for a Patent

• With only a few exceptions, only the inventor can apply for a patent. Exceptions include patent applications made by legal guardians and those with a proprietary interest in the patent, in the absence of the patentee being able or willing to apply. Individuals who create an invention together can make a joint patent application.