The Details You Need to Know About Acquiring A Patent

A patent is an intellectual home right that offers the holder, not an operating right, but a correct to prohibit the use by a third celebration of the patented invention, from a particular date and for a restricted duration (normally 20 years).

Some countries may at the time of registration issue a "provisional patent" and may grant a "grace period" of 1 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention prior to filing a innovative products patent in a non-confidential basis with the benefit of enabling fast dissemination of technical information although reserving the industrial exploitation of the invention. Based on the country, the initial "inventor" or the 1st "filer" has priority to the patent.

The patent is legitimate only in a given territory. Therefore, the patent remains national. It is feasible to file a patent application for a particular nation (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of countries (with the EPO for 38 European nations, filing a PCT application for the 142 signatories of the Treaty). Therefore, a patent application might cover many nations.

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

To be patentable, aside from the reality that it should be an "invention", an invention should also meet 3 crucial criteria.

1. It must be new, that is to say that nothing at all related has ever been accessible to the public expertise, by any indicates whatsoever (written, oral, use. ), and anyplace. It also should not match the material of a patent that was filed but not however published.

2. It have to have inventive phase, that is to say, it patent an idea are not able to be evident from the prior art.

3. It must have industrial application, that is to say, it can be employed or produced in any kind of sector, including agriculture (excluding performs of artwork or crafts, for illustration).

When a company believes that its rivals are unlikely to uncover 1 of its secrets during the time period of coverage of any patent, or that the company would not be ready to detect infringement or enforce its rights, it can decide on not to file, which carries a chance and a benefit.

The danger: If a competitor finds the same procedure and obtains a patent on it, the organization might be prohibited to use his own invention ( the French law and American law vary on this level, 1 thinking about the evidence at the date of discovery, and the other at the date of publication). French law also contains a so-known as exception of "prior personal possession" for a particular person who can demonstrate that the alleged invention was without a doubt infringed previously in its possession prior to the filing date of the patent application. In this kind of case, operation would only be capable to continue for that individual on the French territory.

The benefit: If there is no patent, the approach is not published and consequently the patent inventions firm can count on to continue operation in concept indefinitely (Even so in practice, an individual will possibly uncover the concept one day, but the duration of protection might finish up longer in total). This system of trade secret and for that reason non- patenting is utilized in some situations by the chemical industry.