The Facts You Need to Know About Acquiring A Patent

Mar 03, 2017

A patent is an intellectual house proper that gives the holder, not an operating proper, but a proper to prohibit the use by a third party of the patented invention, from a particular date and for a limited duration (usually 20 many years).

Some countries could at the time of registration problem a "provisional patent" and could grant a "grace period" of one particular yr which avoids the invalidity of the patent to an inventor who disclosed his invention just before filing a patent in a non-confidential basis with the benefit of permitting fast dissemination of technical information whilst reserving the industrial exploitation of the invention. Based on the country, the first "inventor" or the first "filer" has priority to the patent.

The patent is valid only in a provided territory. As a result, the patent remains nationwide. It is achievable to file a patent application for a particular country (INPI for France, the invention patent USPTO for the U.S., JPO for Japan), or a invention ideas group of countries (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). Thus, a patent application could cover numerous nations.

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

To be patentable, besides the truth that it have to be an "invention", an invention need to also meet three important criteria.

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

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

3. It need to have industrial application, that is to say, it can be utilized or produced in any variety of industry, including invention idea agriculture (excluding works of art or crafts, for instance).

When a business believes that its competitors are unlikely to find out one particular of its strategies throughout the period of coverage of any patent, or that the organization would not be in a position to detect infringement or enforce its rights, it can decide on not to file, which carries a danger and a advantage.

The threat: If a competitor finds the exact same method and obtains a patent on it, the company could be prohibited to use his own invention ( the French law and American law vary on this stage, one taking into consideration the evidence at the date of discovery, and the other at the date of publication). French law also contains a so-named exception of "prior private possession" for a man or woman who can prove that the alleged invention was without a doubt infringed previously 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 carry on for that particular person on the French territory.

The advantage: If there is no patent, the approach is not published and therefore the business can assume to proceed operation in theory indefinitely (However in practice, an individual will almost certainly discover the idea a single day, but the duration of safety may finish up longer in total). This technique of trade secret and consequently non- patenting is utilised in some circumstances by the chemical sector.