Patent Attorney and Founder
Intellectual property (IP) rights serve as the foundation by which innovation and creativity are protected across all industries. Specifically, patent law governs the rights of inventors and businesses and ensures they receive proper legal protections for their technological advancements. With patent law and intellectual property rights explained, you will be better equipped to invest in innovation.
When it comes to patent protection, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is a major international framework that establishes minimum standards for IP protection among member countries. Additionally, there have been recent U.S. legislative efforts aimed at strengthening patent rights and supporting domestic inventors, such as the Restoring America’s Leadership in Innovation Act of 2024 and the PREVAIL Act.
These developments impact how patents are filed and litigated both nationally and internationally. This updated guide is intended to help you understand this constantly evolving legal landscape of patent law, with new legislation and international agreements shaping how patents are obtained, enforced, and challenged.
The Purpose of Intellectual Property Law
IP law covers many intangible creations, ideas, and tangible inventions, from methods of doing business literary and artistic artworks, to branding. The goal of IP law is to encourage creation and innovation in individuals without the fear of their work being stolen or used by other parties. This legal protection is essential to ensure that investment in research and development continues strong.
IP law in the U.S. covers four main types of IP protection: patents, trademarks, copyrights, and trade secrets. Each type of IP protection offers different rights, involves a unique process to establish or secure, and protects creations for unique lengths of time.
The IP Rights Granted By Patents
A patent is an IP protection that must be applied for. Individuals with an innovative and novel technical invention submit an application to the U.S. Patent and Trademark Office (USPTO), which will then review the application and invention to determine if it meets the definition of a patentable invention and the definition of the type of patent for which the inventor is applying.
If granted, a patent gives the inventor the right to prevent other parties from taking certain actions with their invention. This includes prohibiting companies or individuals from:
- Making
- Selling
- Offering to sell
- Using
- Importing to the U.S
The rights a patent offers are the rights to determine how and if the invention is used by other parties. It does not grant the inventor sole rights to make, use, or sell the invention. In order to enforce their rights, an inventor must take legal action if another party is making, using, or selling the invention in a way the inventor does not approve.
The rights of a patent are granted in exchange for the invention being made publicly accessible information within the patent application. Patent rights last for up to 15 or 20 years before expiring. This provides inventors with an exceptional competitive advantage to support short-term business goals. Patents are expensive to apply for and sometimes to maintain, so the worth of a patent is dependent on the worth of the invention.
Other Forms of IP Protection
Patent law and IP law are most effectively utilized when several types of IP protection are leveraged together by a business owner or other entrepreneur. Patents are often most effective as part of a larger patent portfolio, increasing the benefits for an inventor. Patent protection also interacts with other areas of IP protection, especially in everyday business practices. The intersection of these laws is complex and impacts different entrepreneurs differently.
In addition to patents, IP law also covers:
- Copyrights. Original created works are protected under copyright laws. This includes music, paintings, plays, movies, photos, maps, computer programs, software code, sculptures, databases, and many other types of works. When they are made originally by the author and are in a tangible form, they fall under copyright protection. This tangible form can be a physical medium or a digital form.
Copyrights are automatically applied to newly created works. Authors can also register their copyrights. This shows a record of the work and its creation. Registering the copyright is essential before an author can take legal action for infringement. - Trademarks. A trademark is any sign or symbol that marks the goods or services of an entity and distinguishes it from other entities. This includes service marks. A trademark can refer to a logo, a phrase, a letter, or a design.
- Trade secrets. This type of IP protection is very broad and enables businesses and industries to protect information with economic value. Many types of information could be considered a trade secret, including processes of business, methods, recipes, or formulas.
International Patent Law
In 1995, the World Trade Organization (WTO) set minimum standards for patent protection among all member countries with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. This agreement helps ensure that U.S. patents can be recognized and enforced globally under standardized rules.
In order to help streamline cross-border patent processes, the Patent Cooperation Treaty (PCT) was established. This is a global patent filing system that allows inventors to file a single international patent application to secure protections in multiple countries and is administered by the World Intellectual Property Organization (WIPO).
Together, these patent laws help protect U.S. inventors globally and makes the process a bit easier when pursuing international protections.
Recent Legislative Efforts
In the patent system, laws governing IP rights are constantly balanced against the public’s interest in technological advancement. For this reason, patents are published in order to encourage further innovation. Several key legislative efforts have emerged recently that could significantly alter patent law and IP protections in the U.S.
The Restoring America’s Leadership in Innovation Act of 2024 (H.R. 8134) reverses the “first-to-file” rule that was established in 2011 by the America Invents Act by reinstating the “first-to-invent” system. The legislation also restores full funding to the USPTO, ensuring it can operate without diversion of fees. Lastly, the act abolishes inter partes reviews and post-grant reviews which have long been used to challenge patents after issuance.
Further legislation has been passes in recent years aimed at strengthening patent rights and reducing challenges to issued patents. The PREVAIL Act (S. 2220), introduced in 2023, limits frivolous invalidation claims in an effort to protect small businesses and independent inventors by reducing the number of challenges in the Patent Trial and Appeal Board (PTAB).
The RESTORE Patent Rights Act (S. 4840) focuses on strengthening patent protections by providing inventors with effective and enforceable rights over their patented technology. Additionally, this act aims to prevent large corporations from exploiting weaknesses in the current system to unfairly invalidate patents. This issue has become more relevant than ever in rapidly moving industries like artificial intelligence, biotechnology, and cleantech.
As AI-driven technology, specifically, becomes even more prevalent, legislators have debated how to properly classify and protect inventions that were AI generated, either in part or in full. The Future of Artificial Intelligence Innovation Act of 2024 (S. 4178) proposes establishing clear standards for patents and copyrights for AI-driven products.
It also creates an evaluation tool to assess eligibility for patent protection for AI innovation. This should help make sure that businesses taking advantage of AI technology will still be adequately protected for their intellectual assets.
FAQs
What Is the Difference Between Intellectual Property Law and Patent Law?
The main difference between intellectual property law and patent law is that patents are a type of intellectual property protection, and so patent rights under patent law are considered under the umbrella of intellectual property law.
There are several other types of intellectual property protection that are not under patent law, including copyrights, trademarks, and trade secrets. These other types of protection offer creators of original work different rights and abilities than those offered under patent law.
Is a Patent a Form of Intellectual Property Rights?
Yes, a patent is a form of intellectual property, and patent rights and trademarks are granted through the USPTO. When a trademark is registered, or a patent is granted, the holder of the intellectual property has certain rights that differ depending on the type of intellectual property, such as the exclusive right to make, use, sell, or distribute the invention for about 15-20 years.
What Are the Intellectual Property Rights for a Patent?
The intellectual property rights for a patent held by an inventor are the rights to prohibit other entities or individuals from using, making, selling, or offering to sell their invention. It also gives the inventor the right to prohibit other entities from importing the invention to the U.S. These rights to their invention extend to all U.S. territories and states, although they are not automatic. The inventor must take legal action if someone is infringing on their patent rights.
What Is the Difference Between a Copyright and a Patent?
The main difference between a copyright and a patent is that a copyright is extended automatically for artistic and intellectual works but can be officially registered, while a patent must be approved and granted by the USPTO and applies to novel and innovative technical inventions.
A copyright enables the author of the work to have exclusive rights to display or distribute the work. Patent holders and registered copyright holders can take legal action against infringement.
Bold Patents: Navigating Your Entrepreneurial IP Protection Needs
At Bold Patents Law Firm, we have supported independent inventors and business owners as they navigate IP rights and protections for many years. Contact our firm today.