The Information You Ought to Know About Getting A Patent

A patent is an intellectual residence right that gives the holder, not an working proper, but a correct to prohibit the use by a third party of the patented invention, from a particular date and for a restricted duration (generally 20 many years).

Some countries may at the time of registration concern a "provisional patent" and could grant a "grace period" of a single yr 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 benefit of enabling speedy dissemination of technical details while reserving the industrial exploitation of the invention. Based on the country, the 1st "inventor" or the 1st "filer" has priority to the patent.

The patent is valid only in a offered territory. Thus, the patent stays nationwide. It is attainable to file a patent application for a specific country (INPI for France, how to patent an idea the USPTO for the U.S., JPO for Japan), or a group of nations (with the EPO for 38 European nations, filing a PCT application for the 142 signatories of the Treaty). As a result, a patent application may cover a number of nations.

In return, the invention have to be disclosed to the public. In practice, patents are immediately published 18 months right after the priority date, that is to say, right after the 1st filing, except in particular cases.

To be patentable, in addition to the fact that it have to be an "invention", an invention have to also meet three vital criteria.

1. It should be new, that is to say that nothing at all related has ever been available to the public information, by any indicates whatsoever (written, oral, use. ), and anywhere. It also need to not match the material of a patent that was product launch filed but not yet published.

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

3. It need to have industrial application, that is to say, it can be used or produced in any type of market, including agriculture (excluding works of art or crafts, for illustration).

When a company believes that its rivals are unlikely to uncover one of its secrets and techniques during the period of coverage of any patent, or that the firm would not be able to detect infringement or enforce its rights, it can pick not to file, which carries a risk and a benefit.

The risk: If a competitor finds the same process and obtains a patent on it, the business could be prohibited to use his own invention ( the French law and American law differ on this level, one particular taking into consideration the evidence at the date of discovery, and the other at the date of publication). French law also includes a so-known as exception of "prior personal possession" for a individual who can prove that the alleged invention was indeed infringed currently in its possession prior to the filing date of the patent application. In this kind of situation, operation would only be ready to continue for that person on the French territory.

The benefit: If there is no patent, the strategy is not published and consequently the company can expect to carry on operation in theory indefinitely (Even so in practice, an individual will probably discover the idea inventions a single day, but the duration of protection may finish up longer in total). This program of trade secret and consequently non- patenting is used in some situations by the chemical industry.