The Facts You Need to Know About Acquiring A Patent

A patent is an intellectual property right that provides the holder, not an operating proper, but a proper to prohibit the use by a third get together of the patented invention, from a particular date and for a restricted duration (typically twenty years).

Some countries may at the time of registration problem a "provisional patent" and could grant a "grace period" of 1 yr which avoids the invalidity of the patent to an inventor who disclosed his invention before filing a inventor ideas patent in a non-confidential basis with the benefit of allowing speedy dissemination of technical information even though reserving the industrial exploitation of the invention. Dependent on the nation, the 1st "inventor" or the first "filer" has priority to the patent.

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

In return, the invention need to be disclosed to the public. In practice, patents are instantly published 18 months following the priority date, that is to say, right after the 1st filing, except in unique instances.

To be patentable, in addition to the truth that it need to be an "invention", an invention have to also meet 3 crucial criteria.

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

2. It must have inventive stage, that is to say, it are not able to be apparent from the prior art.

3. It need to have industrial application, that is to say, it can be utilised or manufactured in any variety of business, which includes agriculture (excluding performs of art or crafts, for illustration).

When a organization believes that its rivals are unlikely to find out 1 of its inventions ideas strategies in the course of the period of coverage of any patent, or that the organization would not be able to detect infringement or enforce its rights, it can choose not to file, which carries a chance and a advantage.

The risk: If a competitor finds the same approach and obtains a patent on it, the organization might be prohibited to use his very own invention ( the French law and American law differ on this stage, one particular taking into consideration the proof at the date of discovery, and the other at the date of publication). French law also consists of a so-known as exception of "prior private possession" for a particular person who can show that the alleged invention was indeed infringed already in its possession prior to the filing date of the patent application. In such situation, operation would only be capable to continue for that particular person on the French territory.

The advantage: If there is no patent, the approach is not published and consequently the business can expect to carry on operation in theory indefinitely (However in practice, somebody will probably find the notion 1 day, but the duration of protection may end up how to patent longer in total). This system of trade secret and therefore non- patenting is employed in some circumstances by the chemical industry.