The Chain of Title for Patents

Once again, a patent is a right to exclude others from making, using, selling or offering to sell, or importing a specific claimed invention. An inventor writes his claim in precise terms in a patent application and then a patent examiner reviews the claim for patentability. Only claims that meet a legal standard will be approved. The legal standard for patentability involves arcane criteria of novelty and unobviousness for which a qualified attorney is often indispensable. Upon approval of the patent application, the inventor (or his assignee) receives a limited monopoly right to prevent unauthorized practice of his patent.

A patent differs from a copyright in a fundamental way: A copyright prevents a third party ...

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