An article of manufacture is a human-made object that is created using machines or tools, such as chairs or tires, and can be patented if it has a unique and distinct structure. It is something made by people, not by nature, and is considered special and new.
In patent law, the term “article of manufacture” refers to any structure created by humans that possesses inventive qualities. It distinguishes objects made by humans from those that occur naturally. This category encompasses any material form produced by a machine from an unshaped composition of matter. Manufactures are one of the types of inventions that can be legally patented. Examples of manufactures include chairs, tires, and smartphones. These examples exemplify the definition because they are all structures created by humans that possess inventive qualities. They are not products of nature, but rather products of human creativity and ingenuity. To be eligible for a patent, a manufacture must have a distinct structure that is claimed as its patentable characteristic. This means it must be a tangible object, rather than a method or process. Essentially, a patentable manufacture is any human-made structure that possesses inventive qualities.
An article of manufacture refers to any product or item that is made or produced through a manufacturing process.
While an article of manufacture is a physical product, a patentable invention refers to a new and useful process, machine, composition of matter, or any new and useful improvement thereof.
Yes, an article of manufacture can be patented if it meets the criteria of novelty, non-obviousness, and usefulness. The inventor must also file a patent application and go through the examination process.
Patenting an article of manufacture provides the inventor with exclusive rights to make, use, sell, or import the patented product. This can offer a competitive advantage and potential financial benefits.
In general, a utility patent for an article of manufacture lasts for 20 years from the date of filing the patent application. However, design patents, which protect the ornamental design of an article of manufacture, last for 15 years from the date of grant.
No, you cannot patent an article of manufacture that already exists. To obtain a patent, the invention must be new and not publicly disclosed or available before the filing date of the patent application.
Yes, as the patent holder, you have the right to sell or license your patented article of manufacture to others. This can be a way to generate revenue or collaborate with other businesses.
If someone infringes on your patented article of manufacture, you have the right to take legal action. This may involve filing a lawsuit and seeking damages or an injunction to stop the infringing activities.
In general, natural products are not eligible for patent protection unless they have been significantly modified or transformed through human intervention. However, specific circumstances and legal interpretations may vary.
No, if an article of manufacture is already in the public domain, meaning it is freely available to the public, it is not eligible for patent protection. Patents are only granted for new and non-obvious inventions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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