According to the United States Patent and Trademark Office, a patent is “a property right granted by the government of the United States of America to an inventor” to exclude others from making, using, offering sale, or sell the invention throughout the United States or import the invention into the United States” for a limited period in exchange for public disclosure of the invention at the time the patent is granted” (USPTO, par. 2). There are three types of patents:1. Utility patent – refers to technical solutions that have industrial applications. For example, a new paint formula. The utility patent protects the functional characteristics of the device.2. Design patent: protects the appearance of the device.3. Plant patent: can be granted to people who have invented, discovered or asexually reproduced a new variety of plant. A computer patent or Internet patent is a type of utility patent; can be granted on an invention that combines software programs and business methods for Internet applications. Internet patenting has the same scope of patent protection as any other type of patent (excluding others from making, using, offering for sale, or selling the invention). The owner of an Internet or computer patent would also have the same rights as owners of any other type of patent. This type of patent must meet the same patentability requirements as any other method or process. According to the United States Patent and Trademark Office, obviousness is when “the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious prior to the actual filing date of the invention claimed for a person with ordinary experience in the art to which the claimed invention...... middle of paper......references (BPAI). The Board's decisions may also be appealed to the United States Court of Appeals for the Federal Circuit. “Applicants can then appeal the Federal Circuit's decision to the U.S. Supreme Court, but the U.S. Supreme Court rarely grants review. In most cases, the Federal Circuit has the final say in approving or denying the patent application” (Craig, 2013, p. 59-60). Works Cited1. The United States Patent and Trademark Office. (n.d.). Patents. Retrieved May 2, 2014, from http://www.uspto.gov/inventors/patents.jsp#heading-1 2. The United States Patent and Trademark Office. (n.d.). Examination Guidelines to Determine Obviousness under 35 USC 103 [R-11.2013]. Retrieved May 3, 2014, from http://www.uspto.gov/web/offices/pac/mpep/s2141.html 3. Graig, B. (2013). Cyberlaw: Internet and information technology law. Boston, MA. Pearson.
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