Patent
Patent pertains to the exclusive right, granted by the government,
to make use of an invention or process for a specific period
of time, usually 14 to 20 years. To quote the U.S. statute
governing patents, patents are described as simply granted
to people who (claim to) "invent or discover any new and useful
process, machine, manufacture, or composition of matter, or
any new and useful improvement thereof. A patent protects
newly developed or improved industrial, chemical and biotechnological
products or processes (new inventions) and can also cover
computer software. These are variably referred to as the 'Inventors
Rights'.
The Patent Office examiners only
verify that the description and claims, AS DESCRIBED by their
inventors or patent attorneys, are new, unique, and not obvious
to the Patent Office. When you register a Patent, you can
prevent others from making and using your invention. After
this period has expired the rights to the patent may be used
by others to produce or use your invention. Without a patent,
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.
It must meet these requirements in order to be awarded a patent
registration.
An invention can be considered
as "new" if it,
- Has not been shown or
- Described to the public (whether
in a publication, by exhibition or verbally) world-wide
prior to filing a patent 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.
Patent does not include "ideas".
The patent office does not grant patents for "mere ideas or
suggestions." The rules also require that it should be explicit
enough such that anyone "ordinarily skilled in the art" can
apply what they learn in the patent to make the invention
and make it work successfully.
The Patent Cooperation Treaty
(PCT) introduced the PCT system. This basically provides a
method that allows the filing of patent applications in over
100 signatory countries. This system has ensured that the
PCT filing method has become simpler when filing applications
globally.
|