“Learn More About Intellectual Property Rights ”
The patent grant is in essence a contract between the public interest and the inventor; and the patent system in many ways (through the patent examination process and the courts) tries to balance those interests. In exchange for the inventor making his invention public, so that others may learn from it and make further technological development, the “public” will grant the inventor the exclusive right for a period of time to control the use of his invention, that is, the right to exclude others from making, using or selling the invention. That exclusive right is what is known as the “patent monopoly.” The patent monopoly is often referred to as patent rights.
It should be noted that the patent (or patent rights) does not grant the inventor the right to make use or sell his own invention; only a right to exclude others. There may be other patents that impact the inventor’s own right to practice his invention.
What are the inventor’s interests or goals? An inventor is driven to invent typically because they see a problem that needs solving; they seek to improve the way something is done; they want to make tasks and devices easier, quicker, more efficient, more pleasing, less arduous. When the result is achieved, they want to share it so that others can benefit. In addition, the inventor wants to get credit for his invention (that is, payment).
An inventor is happy to share what he has developed; however, he would like to get some compensation for having developed it, and get a piece of the pie if some other entity makes money using his invention. If the inventor cannot be assured that others will not freely use his invention without payment, he is less likely to make his invention known. An inventor wants to be protected from patent infringement.
What does the public want? The public wants inventions to be made public so that they can benefit from their use, but also so that further development in the particular technology can occur by finding improvements in the invention, or developing in new inventive areas. Additionally, the public does not want to have to “pay” for using inventions that are not worthy of the monopoly, for example, inventions that have already been known and used.
The patent grant balances those interests. The public through its government, grants a true inventor the right (“patent rights”) for a limited period of time the right to exclude others from making, using or selling his invention, in exchange for the inventor disclosing to the public through the patent enough information about the invention to enable the public to practice the invention, so that further development on the technology can occur. In this manner, the patent laws aim to encourage and protect human ingenuity.
This goal was recognized and made of fundamental importance to the founding fathers of the United States. In their foresight, they secured a system that would prove to be critical in protecting the fruits of human ingenuity and equally significant, in securing a healthy economy.
