The Information You Should Know About Obtaining A Patent

A patent is an intellectual invention ideas property appropriate that provides the holder, not an working appropriate, but a appropriate to prohibit the use by a third celebration of the patented invention, from a specified date and for a constrained duration (normally 20 years).

Some nations might at the time of registration issue a "provisional patent" and might grant a "grace time period" of a single year 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 permitting quick dissemination of technical data although reserving the industrial exploitation of the invention. Dependent on the country, the initial "inventor" or the first "filer" has priority to the patent.

The patent is legitimate only in a provided territory. Therefore, the patent remains national. It is feasible to file a patent application for a certain country (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). Therefore, a patent application may cover a number of countries.

In return, the invention must be disclosed to the public. In practice, patents are instantly published 18 months soon after the priority date, that is to say, soon after the 1st filing, except in particular situations.

To be patentable, besides the fact that it need to be an "invention", an invention need to also meet 3 crucial criteria.

1. It should be new, that is to say that nothing at all equivalent has ever been available to the public expertise, by any signifies whatsoever (written, oral, use. ), and anyplace. It also need to not match the articles of a patent that was filed but not but published.

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

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

When a company believes that its competitors are unlikely to uncover one of its secrets during the period of coverage of any patent, or that the firm would not be capable to detect infringement or enforce its rights, it can decide on not to file, which carries a danger and a advantage.

The chance: If a competitor finds the very same approach and obtains a patent on it, the business might be prohibited to use his personal invention ( the French law and American law vary on this point, 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-called exception of "prior individual possession" for a person who can show that the alleged invention was certainly infringed currently in its possession prior to the filing date of the patent application. In such case, operation would only be able to carry on for that particular person on the French territory.

The benefit: If there is no patent, the how to patent an invention approach is not published and therefore the firm can anticipate to carry on operation in theory indefinitely (Nonetheless in practice, a person will possibly locate the thought a single day, but the duration of safety might end up longer in complete). This technique of trade secret and as a result non- patenting is utilised in some instances by the chemical business.