ABSTRACT

This chapter discusses the rights encompassed in a patent grant, provides a basic understanding of what constitutes patentable subject matter, and briefly describes how patent rights differ from those of trade secrets, trademarks and copyrights. The enablement, best mode, and formal requirements that must be satisfied to obtain a valid patent are discussed. A aspect to consider in deciding whether to attempt to patent an invention is the type of rights encompassed in the patent grant and whether obtaining such rights for an invention justifies the costs, in both time and money, associated with the patent process. The Constitutionally-defined purpose of the patent system is to promote the progress of science and the useful arts. The patent system is designed to reward inventors with patent rights for early disclosure of their inventions. The ability to create the patent system was specifically provided for in the United States Constitution.