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ARTICLE · 19 OCTOBER 2016

Nine Things Startups Need To Know About Patents

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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To file a patent application, in most countries, the inventors must describe the invention with enough specificity to enable someone in their field to build or practice the invention.

United StatesIntellectual Property
Elliot C. Cook
Elliot C. Cook
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(1) Do I Have to Build it Before I Patent it?
No. This is a common misconception. To file a patent application, in most countries, the inventors must describe the invention with enough specificity to enable someone in their field to build or practice the invention. Physically constructing the invention is not required.

(2) Who Gets the Patent - the First to Apply or the First to Invent?
Generally, the first to apply. Most countries operate on a "first to file" basis. The U.S. used to be a "first to invent" system, but changed to "first to file" (except for applications with a filing date before March 16, 2013).

(3) What Rights do Patents Provide?
Patents provide exclusionary rights. They exclude, or block, others from doing what is defined by the patent's claims. This also means that a patent is only as good as its claims: narrow claims block less, and broader claims block more.

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