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There are three types of patents. They are: a) Utility patents which may be granted to anyone who invents or discovers a machine, vital process, composition of matter, article of manufacture or any useful improvement thereof; b) Design patents may be granted to anyone who creates a new, original and ornamental design for an article of manufacture; lastly c) Plant patents may also be granted to anyone who creates or discovers at same time asexually reproduce any distinct and new variety of plant.
What is vested by patent is not right to make, use, offer for sale, sell or import but right to EXCLUDE others from making, using, offering for sale, selling or importing said creation or invention. If patent has already been issued, patentee must enforce it without assistance of United States Patent and Trademark Office.
The gist of this statute is to grant authority to protect discoveries and creations. In order to be patented an invention must be novel, useful, and not of an obvious nature. Now, creators/inventors can shun their worries about having works copied or used without their permission.
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