The Facts You Need to Know About Acquiring A Patent


A patent is an intellectual home right that provides the holder, not an working right, but a right to prohibit the use by a third celebration of the patented invention, from a certain date and for a restricted duration (generally twenty many years).

Some countries could at the time of registration problem a "provisional patent" and may possibly grant a "grace time period" of one yr which avoids the invalidity of the patent to an inventor who disclosed his invention before filing a patent in a non-confidential basis with the benefit of enabling speedy dissemination of technical information although reserving the industrial exploitation of the product strategy invention. Based on the nation, the first "inventor" or the very first "filer" has priority to the patent.

The patent is legitimate only in a offered territory. As a result, the patent remains national. It is possible 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 nations (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). Therefore, a patent application might cover a number of nations.

In return, the invention need to be disclosed to the public. In practice, patents are immediately published 18 months soon after the priority date, that is to say, right after the initial filing, except in specific instances.

To be patentable, in addition to the truth that it must be an "invention", an invention must also meet three crucial criteria.

1. It should be new, that is to say that absolutely nothing how to patent an idea similar has ever been accessible 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 yet published.

2. It must have inventive step, that is to say, it can't invention ideas be evident from the prior art.

3. It must have industrial application, that is to say, it can be utilised or manufactured in any variety of industry, like agriculture (excluding works of art or crafts, for illustration).

When a organization believes that its competitors are unlikely to uncover a single of its strategies in the course of the period of coverage of any patent, or that the business would not be capable to detect infringement or enforce its rights, it can pick not to file, which carries a threat and a benefit.

The danger: If a competitor finds the very same process and obtains a patent on it, the company may be prohibited to use his own invention ( the French law and American law differ on this point, a single taking into consideration the evidence at the date of discovery, and the other at the date of publication). French law also includes a so-named exception of "prior personalized possession" for a man or woman 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 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 technique is not published and consequently the business can count on to proceed operation in concept indefinitely (Nonetheless in practice, a person will almost certainly discover the concept 1 day, but the duration of safety could finish up longer in total). This system of trade secret and as a result non- patenting is used in some instances by the chemical business.