The Facts You Need to Know About Obtaining A Patent

A patent is an intellectual home proper that gives the holder, not an operating proper, but a right to prohibit the use by a third get together of the patented invention, from a certain date and for a limited duration (typically 20 years).

Some countries may possibly at the time of registration issue a "provisional patent" and might grant a "grace period" of one 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention prior to filing a patent in a non-confidential basis with the advantage of permitting speedy dissemination of technical details whilst reserving the industrial exploitation of the invention. Based on the country, the first "inventor" or the 1st "filer" has priority to the patent.

The patent is legitimate only in a given territory. As a result, the patent remains national. It is attainable to file a patent application for a specified 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 could cover several nations.

In return, the invention how to obtain a patent should be disclosed to the public. In practice, patents are instantly published 18 months right after invention the priority date, that is to patent protection say, after the very first filing, except in specific circumstances.

To be patentable, aside from the truth that it must be an "invention", an invention need to also meet three important criteria.

1. It have to be new, that is to say that nothing comparable has ever been accessible to the public expertise, by any implies whatsoever (written, oral, use. ), and anywhere. It also must not match the content of a patent that was filed but not yet published.

2. It should have inventive phase, that is to say, it can not be evident from the prior art.

3. It have to have industrial application, that is to say, it can be used or produced in any sort of market, which includes agriculture (excluding performs of art or crafts, for example).

When a company believes that its competitors are unlikely to find out one of its tricks for the duration of the time period of coverage of any patent, or that the business would not be able to detect infringement or enforce its rights, it can pick not to file, which carries a danger and a benefit.

The threat: If a competitor finds the exact same process 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, a single thinking about the evidence at the date of discovery, and the other at the date of publication). French law also contains a so-called exception of "prior personalized possession" for a person who can prove that the alleged invention was without a doubt infringed presently in its possession prior to the filing date of the patent application. In this kind of case, operation would only be in a position to continue for that man or woman on the French territory.

The benefit: If there is no patent, the method is not published and as a result the firm can count on to carry on operation in theory indefinitely (Nonetheless in practice, a person will possibly uncover the idea a single day, but the duration of safety could finish up longer in complete). This system of trade secret and as a result non- patenting is utilised in some instances by the chemical sector.