News 24 Jun. 2021
Curtis successfully defends foreign states' procedural privileges in the UK Supreme Court
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News 23 Jun. 2021
Ibrahim Elsadig joins Curtis as Partner in Dubai
Client Alert 24 Feb. 2022
EU, UK, Japan and Australia Impose Sanctions on Russia
News 09 Aug. 2021
Curtis, Mallet-Prevost, Colt & Mosle enters into association with Chevalier Law in Singapore.
News 06 May. 2022
Curtis Advises Terna Group on the Sale of its Latin America Power Transmission Assets to CDPQ
Publications 05 May. 2022
Marie-Claire Argac, Simon Batifort, and Cyprien Mathié share highlights from “Affaires d’Etats: Practical Considerations When Defending States in International Arbitration” on Kluwer Arbitration Blog
Event 26 Apr. 2022
Claudia Frutos-Peterson Speaks at CAI Costa Rica’s 13th Congress of International Arbitration
News 21 Apr. 2022
SCOTUS Upholds U.S. Colonialism under the U.S. Constitution
Client Alert 23 Mar. 2022
The Dubai International Arbitration Centre (DIAC) has launched the DIAC Arbitration Rules 2022
Event 22 Nov. 2021
Partner Antonia Birt spoke at ADGMAC and AIAC Webinar Series: Webinar 5 - Disputes in Fintech and Complex Technology in MESEA
News 16 May. 2022
Curtis Files SCOTUS Amicus Brief for Ohio Justice & Policy Center in Prisoners’ Rights Case
News 10 May. 2022
Juan Perla’s Argument in D.C. Circuit Featured on Audio Arguendo Podcast
Client Alert 21 Apr. 2022
New Laws Targeting Assets of Russian Oligarchs: The U.S. Announces Task Force KleptoCapture and the Kleptocracy Asset Recovery Rewards Program
Client Alert 19 Apr. 2022
U.S. President Biden Expands Export Controls Imposed on Russia and Belarus
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 Law
Cybersecurity
New York
+1 212 696 6000
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