FAQs – Patents
What is a patent?
A patent gives a benefit to an inventor and a benefit to the public:
Once issued, and subject to the payment of government fees, a patent gives an inventor the right to exclude others from making, using or selling the patented invention for 20 years from the filing date; and The patent gives the public a set of illustrated instructions that explains how the invention works. Anyone is free to use these teachings for inspiration and reference in making new contributions so long as the results do not infringe the patent while it remains in force.
One cannot have the first benefit without offering the second. In order to get a benefit (the right to exclude others) the inventor has to give a benefit (teaching others how the invention works). This is how Congress has chosen to carry to carry out the Constitutional objective patents “to promote the progress of science and useful arts.”
A patent grants only the right to exclude other. A patent does not grant absolute right to make or sell the invention. Other impediments, such as someone else’s patent that covers a key component of the invention, may stand in the way.