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Copyright 2009 Nancy J. Flint, Attorney At Law, P.A.  All rights reserved.  For legal information about this site, click here.  Nothing on this web site is legal advice to anyone, including you, and no attorney-client relationship is formed with anyone by virtue of the content on this Web site.
Contact me for a free consultation on how to avoid mistakes that could put your rights in your ideas and inventions at risk!
Patents give the owner the right to exclude others from making, using, selling or offering for sale in the United States or importing into the United States the invention during the term of the patent, along with other rights.  The basis for the U.S. patent system is found in the U.S. Constitution, which is to encourage disclosure of inventions.  Many writers debate whether the U.S. patent system encourages technological advancement or inhibits it.

Thomas Jefferson, himself an inventor, debated the "embarassment" of granting a patent "monopoly" against the benefit of encouraging disclosure of new ideas. 

Today, inventors may file an application with the U.S. Patent and Trademark Office for a utility patent; a design patent; or a plant patent, and be given the right to exclude others from practicing the invention once the patent issues.