News 11 Oct. 2023
Curtis Team Instrumental in Shareholder Approval of a New Multilateral Treaty to Transform Pan-African Housing Finance Institution Shelter Afrique into a Development Bank
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Event 23 Aug. 2023
Partner Borzu Sabahi Speaks at the 52nd IDRI Professional Accreditation & Membership Programme
Event 18 Aug. 2023
Partner Borzu Sabahi Speaks at FDI Moot Shenzhen
News 25 Jul. 2023
Partner Eric Gilioli Ranked in Top 10 Influential Energy & Natural Resources Lawyers in Kazakhstan in Business Today
Article 22 Aug. 2023
Fuad Zarbiyev Publishes Article in Journal of International Economic Law
Client Alert 14 Aug. 2023
The EU’s Market in Crypto Assets (MiCA) Regulation: The Highlights
Event 22 Aug. 2023
Partner Dr. Claudia Frutos-Peterson to Speak at Arbitration and ADR Commission of the ICC Mexico
Event 11 Jul. 2023
Partner Elisa Botero Speaks on the Role of the ICC in Investment Disputes
News 15 Aug. 2023
Legal Reader Publishes Article on Dr. Majed Alotaibi’s Arrival as Senior Counsel in Curtis’ Riyadh Office
News 31 Jul. 2023
Curtis Welcomes Senior Saudi Advisor, Dr. Majed Alotaibi, to its Riyadh Office
News 24 Aug. 2023
Curtis Attorneys Quoted in CoinDesk on FTX Founder Sam Bankman-Fried’s Strategy Ahead of His Criminal Trial
News 06 Mar. 2023
Russia Sanctions at the First Anniversary: An Overview of Current Sanctions in the US, UK, and EU and How Global Companies Can Navigate Evolving and Conflicting Sanctions Regimes
Client Alert 30 Aug. 2022
The EU Adopts the “Maintenance and Alignment” Sanctions Package
Client Alert 24 Jun. 2021
Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Intellectual Property
The main purpose of a patent is to protect a unique and inventive method, process, or design. In the U.S., there are two types of patents: utility and design patents. Utility patents are issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof. Design patent are issued for a new, original, and ornamental design embodied in or applied to an article of manufacture. Patents do not protect products, processes, or designs that merely contain obvious and well-known ideas. For example, patentable subject matter might include a new industrial process for making a complicated microchip. An obvious method for filling a container or a simple combination of two existing items may not be patentable
A patent grants the holder of the patent exclusive rights to the claimed invention and the ability to exclude others from using the invention for a set period of time. In reality, this means that the patent holder can profit from the invention, either by virtue of selling a product embodying the invention or through licensing the patent to third parties.
The protection afforded by a patent depends on the ability of a patent holder to enforce it. In other words, the patent holder must be willing and able to enforce his or her rights in a court of law if someone else violates the patent (called patent infringement). The strength of a patent also depends on the legitimacy of the legal system in the country in which the patent was applied for.
What is a patent shelf life? A U.S. utility patent (which protects the creation of a new or improved—and useful—product, process, or machine) usually lasts for twenty years from the date of application. However, this can change depending on whether new patents are applied for during the life of the original patent. For example, a patent holder might make modifications to the original invention and apply for a new patent for that new modification, which would itself be good for an additional 20 years. A U.S. design patent (which protects the visual qualities of an item) usually lasts for fifteen years
Attorney advertising. The material contained on this page is only a general review of the subjects covered and does not constitute legal advice. No legal or business decision should be based on its contents.
Turner P. Smith
Partner
Eric Stenshoel
Counsel
Intellectual Property Law
Intellectual Property Litigation
Media, Technology and Entertainment
Cybersecurity
New York
+1 212 696 6000
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