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author outside the U.S., continued copyright protection in the U.S. is only
available if the foreign author is either a domiciliary of the U.S. or a national or
domiciliary of a country that is party to a copyright treaty to which the U.S. is
also a party. A person is generally a domiciliary of the country in which the
person resides with the intention to remain permanently.

7.1.2 Patents
This area is governed exclusively by federal law, Title 35, U.S.C., et al.

(a) In General. One who invents or discovers a new machine or device or a new
manufacturing process may be able to obtain a U.S. patent. The U.S. patent
law changed March 16, 2013, from a first-to-invent to a modified first-
inventor-to-file system. It is now imperative that an inventor be the first to file a
patent application in the U.S., and it behooves an inventor to not delay in
seeking U.S. patent protection. A U.S. patent provides the inventor with the
exclusive right for a specified time to exclude others from making, using,
importing, offering to sell, or selling in the U.S. the patented invention. A U.S.
patent does not provide the affirmative right to make, use, import, offer to sell
or sell a patented product. A freedom to operate opinion is often created for
one desiring to assess infringement risks before introducing a product to the
U.S. market. A patent provides the holder with a limited monopoly on the use
of the patented invention. A valid patent forecloses use of the patented
invention by any other party, even if another party independently conceives
the identical invention. A utility patent, which generally governs the functional
aspects of a machine, manufacturing process, or composition of matter is
enforceable beginning at the grant of the patent and ending 20 years (plus up
to 5 more years for certain delays) after the filing date of the regular patent
application. A design patent, which covers the design or appearance of an
article of manufacture, is enforceable for 14 years from the granting date of
the patent. A provisional patent, which may be filed before a utility patent
application, establishes a priority filing date and provides up to 12 months to
further develop the invention without filing a regular patent application.
Anyone without authority from the patent holder who makes, uses, imports, or
sells in the U.S. the patented invention during the life of the patent is
considered to “infringe” the patent and may be liable for damages.

(b) Effect of Foreign Patents. A foreign patent is generally not enforceable in the
U.S. Furthermore, an invention that is the subject of a foreign patent cannot
be the subject of a U.S. patent, unless an application for a U.S. patent is filed
within one year following application of the foreign patent. Accordingly, an
inventor who holds a foreign patent and who fails to apply for a U.S. patent
within one year from the date of application of a foreign patent will usually
have no recourse against others who use the invention in the U.S.

(c) Patentability Under Federal Patent Statutes. To be eligible for a federal utility
patent, an invention must fall into one of the classes of patentable subject
matter set forth in the United States patent statutes. These classes are
machines (e.g., a mechanism with moving parts), articles of manufacture
(e.g., a hand tool), compositions of matter (e.g., a plastic), and processes
(e.g., a method of refining). An improvement falling within any of these

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