What rights do I have as the owner of a patented invention?
As the owner of a patented invention, you have certain exclusive rights granted by law. These rights include the right to prevent others from making, using, selling, or importing your invention without your permission. Essentially, a patent gives you a monopoly over your invention, allowing you to control its commercial exploitation for a set period of time.
In the United States, patents are granted under federal law, which is administered by the United States Patent and Trademark Office (USPTO). In order to obtain a patent, you must file an application with the USPTO and meet certain requirements, including demonstrating that your invention is new and non-obvious.
Once your patent is granted, you have the right to exclude others from making, using, selling, or importing your invention for a period of 20 years from the date of filing of the patent application. You can also license or sell your patent rights to others, allowing them to use your invention in exchange for compensation.
There are, however, certain limitations and exceptions to your patent rights. For example, others may be able to use your invention for research and development purposes, or to create something that is substantially different from your invention. Additionally, some inventions may be considered "off limits" for patent protection, such as laws of nature or abstract ideas.
If you believe that someone is infringing on your patent rights, there are several options available to you. You can file a lawsuit in federal court seeking an injunction to stop the infringing activity, as well as damages for any harm caused by the infringement. Alternatively, you can attempt to negotiate a licensing agreement with the infringing party, allowing them to use your invention in exchange for compensation.
In conclusion, as the owner of a patented invention, you have exclusive rights granted by law to prevent others from making, using, selling, or importing your invention without your permission. However, there are limitations and exceptions to these rights, and if you believe that someone is infringing on your patent, you have the option of pursuing legal action or negotiating a licensing agreement.