The Details You Must Know About Getting A Patent

Mar 03, 2017  
A patent is an intellectual property right that provides the holder, not an working appropriate, but a proper to prohibit the use by a third party of the patented invention, from a specific date and for a constrained duration (typically 20 years).

Some nations could at the time of registration situation a "provisional patent" and may possibly grant a "grace period" of one particular 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention just before filing a patent in a non-confidential basis with the advantage of permitting quick dissemination of technical info although reserving the industrial exploitation of the invention. Dependent on the country, the 1st "inventor" or the first "filer" has priority to the patent.

The patent is legitimate only in a provided territory. Hence, the patent remains national. It is attainable to file a patent application for a specific country (INPI for France, the USPTO for the U.S., JPO patent an idea for Japan), or a group of nations (with the EPO for 38 European nations, filing a PCT application for the 142 signatories of the Treaty). As a result, a patent application could cover many countries.

In return, the invention must be disclosed to the public. In practice, patents are automatically published 18 months soon after the priority date, that is to say, after the first filing, except in specific situations.

To be patentable, apart from the fact that it need to be an "invention", an invention need to also meet three crucial criteria.

1. It need to be new, that is to say that nothing at all comparable has ever been available to the public knowledge, by any implies whatsoever (written, oral, use. ), and anywhere. It also need to not match the articles of a patent that was filed but not nevertheless published.

2. It need to have inventive stage, that is to say, it can't be obvious from the prior artwork.

3. It should have industrial application, that is to say, it can be employed or produced in any kind of market, such as agriculture (excluding works of art or crafts, for example).

When a company believes that its rivals are unlikely to find out one of its secrets during the time period of coverage of any patent, or that the firm would not be ready to detect infringement or enforce its rights, it can decide on not to file, which carries a threat and a advantage.

The risk: If a competitor finds the same process and obtains a patent on it, the company may be prohibited to use his personal invention ( the French law and American law differ on this stage, 1 thinking about the evidence at the date of discovery, and the other at the date of publication). French law also involves a so-named exception of "prior private possession" for a person who can demonstrate that the alleged invention was certainly infringed already in its possession prior to the patenting an idea filing date of the patent application. In such situation, operation would only be in a position to continue for that person on the French territory.

The advantage: If there is no patent, the method is not published and therefore the company can count on to continue operation in concept indefinitely (Nonetheless in practice, a person will possibly discover the concept one day, but the duration of protection could finish up longer in total). This method of trade market an invention idea secret and therefore non- patenting is employed in some circumstances by the chemical market.