The Information You Should Know About Getting A Patent

A patent is an intellectual residence proper that gives the holder, not an operating appropriate, but a proper to prohibit the use by a third celebration of the patented invention, from a specific date and for a restricted duration (typically 20 years).

Some nations could at the time of registration situation a "provisional patent" and could grant a "grace time period" of one particular 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention before filing a patent in a non-confidential basis with the advantage of enabling speedy dissemination of technical data even though innovative products reserving the industrial exploitation of the invention. Based on the nation, the 1st "inventor" how to obtain a patent or the very first "filer" has priority to the patent.

The patent is legitimate only in a provided territory. Hence, the patent stays nationwide. It is possible to file a patent application for a particular nation (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of nations (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). As a result, a patent application might cover a number of countries.

In return, the invention need to be disclosed to the public. In practice, patents are instantly published 18 months right after the priority date, that is to say, after the very first filing, except in unique situations.

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

1. It have to be new, that is to say that absolutely nothing related has ever been accessible to the public information, by any implies whatsoever (written, oral, use. ), and anyplace. It also must not match the articles of a patent that was filed but not nevertheless published.

2. It need to have inventive step, that is to say, it can't be obvious from the prior artwork.

3. It have to have industrial application, that is to say, it can be utilised or produced in any sort of industry, such as agriculture (excluding works of art or crafts, for illustration).

When a firm believes that its competitors 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 ready to detect infringement or enforce its rights, it can decide on not to file, which carries a threat and a benefit.

The threat: If a competitor finds the identical process and obtains a patent on it, the firm could be prohibited to use his own invention ( the French law and American law vary on this point, one contemplating the proof at the date of discovery, and the other at the date of publication). French law also consists of a so-referred to as exception of "prior personal possession" for a person 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 capable to continue for that man or woman on the French territory.

The benefit: If there new invention is no patent, the approach is not published and therefore the firm can count on to continue operation in theory indefinitely (Nevertheless in practice, a person will almost certainly find the notion a single day, but the duration of protection could end up longer in complete). This program of trade secret and for that reason non- patenting is used in some cases by the chemical industry.