Legal Definitions - patent

The word "patent" can function as both an adjective and a noun, each with a distinct meaning in legal and everyday contexts.

• Patent (adjective)

  When used as an adjective, "patent" means something is obvious, evident, or easily recognizable upon inspection.

  • Example: During a home inspection, the buyer noticed a patent crack running across the entire living room ceiling.

    Explanation: This example illustrates that the crack was clearly visible and undeniable, making it an obvious defect that anyone could see.

• Patent (noun)

  As a noun, a patent is a legal right granted by a government to an inventor. This right gives the inventor exclusive control over their invention for a specific period, preventing others from making, using, selling, or importing it without permission. To qualify for a patent, an invention must generally be new (novel), non-obvious to someone skilled in the relevant field, and useful.

  There are three main types of patents:

  • Utility patents protect the functional aspects of an invention, such as processes, machines, manufactured articles, or compositions of matter.
  • Design patents protect the unique ornamental appearance of an article of manufacture.
  • Plant patents protect new and distinct varieties of asexually reproduced plants.

  If someone uses a patented invention without authorization, it is called "patent infringement," which can lead to legal action.

  • Example 1 (Utility Patent): A small tech company developed a revolutionary new algorithm that significantly improves the efficiency of data compression for streaming video. They successfully obtained a utility patent for this algorithm.

    Explanation: This illustrates a utility patent protecting a novel process (the algorithm) that has a practical use. The patent grants the company the exclusive right to use, license, or sell this technology, preventing competitors from using the same algorithm without permission.

  • Example 2 (Design Patent): An industrial designer created a strikingly unique and aesthetically pleasing shape for a new line of ergonomic office chairs. They applied for and received a design patent for this specific chair form.

    Explanation: This demonstrates a design patent protecting the ornamental, non-functional appearance of the chair. The patent prevents other manufacturers from producing chairs with the same distinctive visual design, even if the internal mechanisms are different.

  • Example 3 (Plant Patent): A horticulturalist spent years cross-breeding different rose varieties to develop a new type of rose that is highly resistant to common diseases and produces unusually vibrant, long-lasting blooms. They secured a plant patent for this new rose variety.

    Explanation: This example shows a plant patent protecting a newly cultivated and asexually reproduced plant. The patent gives the horticulturalist exclusive rights to propagate and sell this specific new rose variety, encouraging innovation in agriculture and botany.