Patents
Patents pertain to the
exclusive right, granted by the government, to make use of
an invention or process for a specific period of time, usually
14 years to 20 years. Patents are also referred to as the
'Inventors Rights'.
According to the law, only the
inventor may apply for patents, with certain exceptions. If
a person who is not the inventor should apply for patents,
the patents, if it were obtained, would be invalid. The person
applying in such a case who falsely states that he/she is
the inventor would also be subject to criminal penalties.
If the inventor is dead, the application may be made by legal
representatives, that is, the administrator or executor of
the estate. If the inventor is insane, the application for
patents may be made by a guardian. If an inventor refuses
to apply for patents or cannot be found, a joint inventor
or a person having a proprietary interest in the invention
may apply on behalf of the non-signing inventor.
If two or more persons make an
invention jointly, they apply for patents as joint inventors.
A person who makes a financial contribution is not a joint
inventor and cannot be joined in the application as an inventor.
It is possible to correct an innocent mistake in erroneously
omitting an inventor or in erroneously naming a person as
an inventor. Officers and employees of the Patents and Trademark
Office are prohibited by law from applying for a patents or
acquiring, directly or indirectly, except by inheritance or
bequest, any patents or any right or interest in any patents.
Patents enable the inventor
to others from making and using the invention for a fixed
period of time. After this period has expired the rights to
the patents may be used by others to produce or use your invention.
Without a registration, it is difficult to prevent others
from making and using your invention. Not all inventions can
be patented. To be able to patent an invention, it must be
new and it must be inventive. An invention tends only to be
considered as "new" if it fits the following:
- has not been shown or
- described to the public (whether
in a publication, by exhibition or verbally) world-wide
prior to filing a patents application.
Selling, getting orders or trying
to get orders can also make a patent registration invalid.
To ensure that a registration is valid the new inventions
must be kept secret. Discussions concerning selling, marketing
etc. could also invalidate the registration. Therefore, all
the new invention details must be kept secret if you want
to obtain valid registration for them in the future.
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