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An issued patent prevents others from making, using or selling the invention covered by the patent in the country in which the patent has issued. Patents can be granted on an apparatus, a machine, a product, manufactured goods, a process (a method of steps to accomplish an objective), ornamental designs, and compositions of matter. Although not applicable to our industry, patents can also be granted on certain types of plants. Patents cannot be granted on mere ideas, principles of nature, laws of nature, physical phenomena, abstract ideas, writings, mental steps, mathematics, scientific principles, and the like.
Patent protection was one of the important concepts included by the framers of our country in the Constitution (Article I, Section 8). The purpose of the patent system is to induce inventors to make their inventions public rather than exploit their inventions in secret. This is accomplished by allowing the inventor or the assignee the right to exclude all others from benefitting from that invention for a set period of time (which in the United States is 20 years from the date of application for utility and plant patents and 14 years from issuance for patents on ornamental designs). The government grants this right to exclude others in exchange for the inventor submitting a written disclosure of the invention in a form having sufficient detail so that a person skilled in that field can duplicate the invention after the patent expires.
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