News 24 Jun. 2021
Curtis successfully defends foreign states' procedural privileges in the UK Supreme Court
News 23 Jun. 2021
Ibrahim Elsadig joins Curtis as Partner in Dubai
News 09 Aug. 2021
Curtis, Mallet-Prevost, Colt & Mosle enters into association with Chevalier Law in Singapore.
Event 23 Apr. 2021
Partner Borzu Sabahi to speak on Damages, Enforcement and Annulment of Arbitral Awards at Executive Training Program hosted by the Government of India and the Indian Institute of Foreign Trade
Client Alert 18 Oct. 2021
Senior Associate Martin Wolff Discusses Practical Questions with Regard to the German Implementation of the EU Directive on Cross-Border Tax Arrangements (DAC6) in Institutional Money
News 18 Oct. 2021
Jan Krupski Joins Curtis as a Partner in Frankfurt
News 15 Oct. 2021
Claudia Frutos-Peterson and Elisa Botero Ranked Among the Top 100 Female Lawyers in Latin America by Latinvex
News 13 Oct. 2021
Curtis Joins The Appellate Project to Promote Appellate Practice to Diverse Law Students
Client Alert 15 Oct. 2021
Recent change in Dubai’s Arbitration Landscape.
News 20 Sep. 2021
Curtis Successfully Defends the Sultanate of Oman and Oman Aluminium Rolling Company LLC in U.S. Department of Commerce Trade Case
Client Alert 05 Oct. 2021
Proposed Legislative Changes to Federal Estate, Gift and Trust Taxation
Publications 22 Sep. 2021
Client Alert 24 Jun. 2021
U.S. Insight: 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)
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
Intellectual Property Law
Intellectual Property Litigation
Media, Technology and Entertainment Law
+1 212 696 6000