If the application meets certain statutory requirements, the USPTO issues the patent. In patent law, this is known as a “ person of ordinary skill in the art.” The invention must be explained to such a degree that a similar inventor in the same field could recreate the device. Those interested in obtaining a patent are required to submit a detailed explanation of the invention along with drawings to the U.S. Even inventors who did not know they are infringing a patent can still be held liable for patent infringement. Patents enable the patent holder to exclude all others from the ability to make, use, sell, offer to sell, or even import any patented material without consent of the patent holder. This offers a financial incentive for others to invent new things that solve previously unresolved problems.
8) grants Congress the power “o promote the progress of science.” By issuing individuals a patent, the government gives inventors a temporary monopoly over their invention for the 20-year patent term. Patent law (and copyright law) has its roots in the Constitution. But before describing those functions, let’s first explain how patents work and what they do. Patenting his inventions served a few important functions for Houdini. He designed created new machines that would dazzle his audiences with exciting performances. This, along with a few other incentives discussed later, led him to patent the machines he created for his magic performances.
As a product of his time, Houdini had high esteem for feats of mechanical engineering. Harry Houdini, born Erik Weitz, came of age during the Industrial Revolution. While many know of the magician for his impressive feats of escape, the Hungarian-born immigrant was also an avid inventor. However, Houdini’s greatest trick may have been leveraging IP to his personal advantage. One probably envisions dramatic performances involving straightjackets, water barrels, or sleight of hand illusions. Intellectual property (IP) law probably isn’t the first thing you think of when you think of Harry Houdini.
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