When a person comes up with an invention, there is risk that others will copy their invention. This is because if copied, the rewards, whether financial or otherwise, will be enjoyed by someone else other than the inventor. This is where patent laws chip in - to reassure the person making the invention that their inventions are safe from those who would steal them. However, there are several misconceptions people have formed about patent laws. Let's have a look at some of them.
One of the most common misconceptions about patent laws is that ideas are patentable. Under patent laws, an idea is not patentable. The reason is that there is no requirement that an idea or invention can be reduced to the actual practice before the inventor files copywrite applications. While an idea is not patentable, it is, however, the inspiration for the invention.
Another leading misconception about patent laws is that an invention must be practiced before it qualifies to be patented. However, this is not the case. It is not a must that an idea should have been tried or even practiced before a patent is applied and granted. The only requirement is that the idea should be described in clear, comprehensive and concise terms to enable anybody skilled in the same to make and use it.
Most people also believe that patents will spontaneously generate money for their owners. The truth is that a patent is not a ticket to becoming a millionaire. Patent protection is limited, is uncertain and very costly. Therefore, the belief that if someone has a patent right they will become instant millionaires is not true. A patent, therefore, is not a permission to make or do anything, but a grant to prevent others from doing or making something out of your invention. The patent only has the monetary value because it prevents the diversion of sales to competitors. If you want to know details regarding patent lawyers, you may refer to the site at http://money.cnn.com/gallery/pf/jobs/2013/11/13/top-paying-jobs/4.html for it.
It is also a misconception that only commercial exploitation constitute or amount to infringement and that using and making a patented invention for one's personal use does not constitute a wrongdoing. However, the Patent Act does not express expression for personal use, but does declare that whoever uses, makes or offers to sell any patented invention without authority infringes the patent law.
Another misconception about patent laws is that independent invention does amount to infringement of a patent. Well, this is not true because in the U.S, just like in most other countries, patent laws carry with them the right to exclude everybody from selling, making or suing the invention as defined by the claim of the patent. If you want to hire a patent attorney, you can go to the link for them.