The Facts You Ought to Know About Acquiring A Patent

A patent is an intellectual property right that provides the holder, not an operating correct, but a appropriate to prohibit the use by a third party of the patented invention, from a certain date and for a restricted duration (normally twenty many years).

Some nations may possibly at the time of registration concern a "provisional patent" and could grant a "grace period" of a single year which avoids the invalidity of the patent to an patenting an idea inventor who disclosed his invention before filing a patent in a non-confidential basis with the benefit of allowing fast dissemination of technical data even though reserving the industrial exploitation of the invention. Based on the country, the first "inventor" or the very first "filer" has priority to the patent.

The patent is legitimate only in a provided territory. Therefore, the patent stays national. It is achievable to file a patent application for a specific nation (INPI for France, the ideas for inventions USPTO for the U.S., JPO for Japan), or a group of countries (with the EPO for 38 European nations, filing a PCT application for the 142 signatories of the Treaty). Hence, a patent application may possibly cover many countries.

In return, the invention have to be disclosed to the public. In practice, patents are automatically published 18 months right after the priority date, that is to say, product patent right after the very first filing, except in special circumstances.

To be patentable, in addition to the fact that it must be an "invention", an invention should also meet three crucial criteria.

1. It should be new, that is to say that practically nothing similar has ever been accessible to the public knowledge, by any implies whatsoever (written, oral, use. ), and anywhere. It also ought to not match the content of a patent that was filed but not nevertheless published.

2. It should have inventive stage, that is to say, it can't be evident from the prior art.

3. It need to have industrial application, that is to say, it can be employed or produced in any kind of market, like agriculture (excluding operates of artwork or crafts, for instance).

When a company believes that its rivals are unlikely to discover a single of its secrets in the course of the period of coverage of any patent, or that the organization would not be ready to detect infringement or enforce its rights, it can pick not to file, which carries a danger and a advantage.

The threat: If a competitor finds the very same process and obtains a patent on it, the firm may possibly be prohibited to use his own invention ( the French law and American law differ on this stage, a single contemplating the proof 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 particular person who can show that the alleged invention was without a doubt infringed already in its possession prior to the filing date of the patent application. In this kind of situation, operation would only be capable to carry on for that person on the French territory.

The benefit: If there is no patent, the approach is not published and consequently the business can anticipate to continue operation in theory indefinitely (Even so in practice, somebody will almost certainly discover the idea a single day, but the duration of safety could finish up longer in complete). This method of trade secret and therefore non- patenting is used in some cases by the chemical sector.