Patent Creation
A patent is a possession that provides creators with legal rights in ownership of inventions for a given period. Every design is patentable unless its nature goes against morality or can cause harm to human, animals or plants. There are different laws protecting patents depending on nature; design, plant or utility copyright (Bair, 2015). Patent laws are meant to secure the rights of project inventors against anyone who may want to use, sell or invent similar items or ideas. This summary will provide information about patents to guide my friend Jazz on the laws governing his money-making ideas.
According to the three types of patents, three of his ideas fall under utility patents, that is, the device similar to a gadget unique oblong-shaped coffee cup and the melting snow with therapeutic properties. Since the gadget is an already existing device, but he has improved it by changing the shape. The coffee cup acts the machine, making work more accessible by holding a cup to minimize spillage while the melting snow is a biological invention since it provides restorative functions (Caló & Khutoryanskiy, 2015). Also, the mosquito-eating plant with orange fragrance is automatically a plant patent.
With regards to patent duration, utility patents last for only 20 years after the date of application, while plant patents last for at least 20 years from use. Anyone with a new idea has the right to file for a license through an attorney. It is vital to have a written record of the inventions step by step to register for such an application. Also, he should ensure that they qualify for patent protection in that they are non-obvious, adequately described, have clear claiming terms by an inventor and novel. The commercial potential of the invention is also considered following an intensive patent search, and the final stage of application is through the USPTO (Iwaisako & Futagami, 2013).
As a patent holder, Jazz has the right to decide on who gets to use his inventions for the period stipulated. Thus the law protects his design from any use, sale distribution or importation without his approval. With the nature of his devices, the patents are expected to last for 20 years. The only way that he can earn from the patents is he decides to sell them. However, the benefits of the money earned may not be satisfying unless the invention has been in the market for a long time (Boldrin & Levine, 2013). In the case of patent infringement, Jazz can legally stop the use of his invention in the federal court. Here, he can file for damages caused by the unlicensed use of his creativity.
Conclusion
It is essential to protect a personal invention against selfish individuals legally. However, most creative people end up being victims of such people due to limited information on their rights as inventors. Therefore, it is vital to do enough research as well as seek legal advice and assistance from trusted attorneys when one comes up with new ideas.
References
Bair, S. P. (2015). The Psychology of Patent Protection. Conn. L. Rev., 48, 297.
Boldrin, M., & Levine, D. K. (2013). The case against patents. Journal of Economic Perspectives, 27(1), 3-22.
Caló, E., & Khutoryanskiy, V. V. (2015). Biomedical applications of hydrogels: A review of patents and commercial products. European Polymer Journal, 65, 252-267.
Iwaisako, T., & Futagami, K. (2013). Patent protection, capital accumulation, and economic growth. Economic Theory, 52(2), 631-668.