GUMAPAC, MA. ANGELICA J., 4S ASSIGNMENT NO. 2: PATENT LAW ______________________________________________________

Patent is a legal right granted by the federal government that permits its owners to prevent others from making, using, selling or importing an invention. Utility patent is the most common patent. It is a process, machine, manufacture or compositional matter. To be eligible for patent protection, it must be noted that first, the invention must be one of the types specified by statute as patentable subject matter, second, the invention must be useful, third, the invention must be novel and lastly, the invention must be non obvious or that person having ordinary skill in that field of invention could not have thought of such invention.

Generally, patents last for twenty years. Beyond that others are free to use, make or sell the invention.

In order to receive patent protection, there must first be an application filed and the patent must be granted. Normally, it is the inventor who is the applicant for the patent and therefore the owner of the invention patent rights. If there are multiple inventors, all of them must sign the patent application. If there is a dispute on ownership, under the old law, the US Laws adopt the “First-to-Invent” system to resolve such. However, in March 2013, a drastic shift from the old law was taken and as a result the “First-to-File” system now governs the procedure in settling disputes. Under this system, the patent will vest on the person who files the application first. In cases of dispute, the derivation proceeding is used where it is determined whether the prior applicant derive the invention from a second applicant and without authorization filed the application for the invention. Generally, when an employee creates an invention, the employment contract handles the issue and vests upon the employer the ownership of the invention done within the scope of employment. The employee must effectuate any document in order to make the assignment effective. In the absence of such contract, the “shop right” or one where the employee retains the patent but gives the employer the license to use the invention is looked into.

Patents are personal property that may be assigned or transferred. It may also be “licensed”, meaning that the licensee may use the invention subject to the terms of the license.

Patent protection affords the owner the ability to preclude others from making, using, selling or importing the invention. Infringement may either be direct or indirect. [400 words]