Patent laws were placed into effect long ago to protect the rights of inventors, artists, and other people of great discovery form being infringed upon if it is deemed by the United States Patent Office to be original enough to be able to be patented.
In essence “…Congress shall have the ultimate power to help and assist in the promotion of the progress of useful arts and science, by securing for a limited time to creators of new concepts such as objects or written ideas the express right to their particular discoveries and writings.”
In the United States, patents are governed by the Patent Act (35 US Code) which initially established the United States Patent and Trademark Office.
The most common type of patent in this arena is one that is called the Utility Patent, which has an initial duration of 20 years from the date that it is filed, but it is important to remember that the patent is not enforceable until the patent is actually issued.
Therefore, if a patent is applied for on June 6, 2016, yet is not published until September 15, 2016, any breach in the idea or writing could not be enforced until September 15, 2016.
The procedure in securing a patent involves the submission of an application for a patent to the US Patent Office, where it will be reviewed by a patent examiner to study and determine if the object is a patent is patentable.
The logic of the patent laws, which state that the invention, writing, artwork, and similar devices and writings are to protect the person who spent all of his or her time coming up with the idea, perfecting it, and getting to the stage where it is a finished product.
The U.S. Patent office keeps records of all patent applications, as well as all patents that are issued. This, of course is maintained in order to have a record in case at any time the patent on a particular item is challenged.
The patent examiners are the people who make up the bulk of the employees of the US Patent office. These employees are newly graduated scientists, engineers and the attempt are made to hire as many people in specific degree fields as possible to cover the workload of new patent requests that come into the patent office on a consistent basis.
Patent applications can be turned into the office in paper form or in electronic form. Sometimes it is better to use the paper form, along with a sample or a replica of the object that you are attempting to patent. If a workable model of an item is accompanying the patent request form, then the idea may have a better chance of being approved.
The patent office currently is experiencing a backlog since there are so many applications that are being submitted. Since the processing of the applications is on a first come, first serve basis, this means that the average submitter will have a fairly good waiting time before they know if their patent request has been approved.