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16 Feb 2017 - 11:03:03 am

The Facts You Need to Know About Obtaining A Patent

A patent is an intellectual property proper that offers the holder, not an working proper, but a correct to prohibit the use by a third party of the patented invention, from a specific date and for a restricted duration (usually 20 years).

Some countries could at the time of registration problem a "provisional patent" and may grant a "grace period" of one particular year 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 benefit of making it possible for fast dissemination of technical information even though reserving the industrial exploitation of the invention. Based on the nation, the first "inventor" or the first "filer" has priority to the patent.

The patent is legitimate only in a provided territory. Therefore, the patent stays national. 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 nations, filing a PCT application for the 142 signatories of the Treaty). Thus, a patent application might cover several countries.

In return, the invention should be disclosed to the public. In practice, patents are immediately published 18 months following the priority date, that is to say, soon after the first filing, except in particular situations.

To be patentable, besides the reality that it must be an "invention", an invention must also meet 3 essential criteria.

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

2. It need to have inventive stage, that is to say, it cannot be clear from the prior artwork.

3. It must have industrial application, that is to say, it can be used or manufactured in any sort of business, including agriculture (excluding works of art or crafts, for example).

When a business believes that its rivals are unlikely to discover 1 of its secrets and techniques in the course of the time period of coverage of any patent, or that the company would not be ready to detect infringement or enforce its rights, it can select not to file, which carries a threat and a benefit.

The danger: If a competitor finds the same method and obtains a patent on it, the firm may be prohibited to use his personal invention ( the French law and American law differ on this point, one particular contemplating the proof at the date of discovery, and the other at the date of publication). French law also consists of a so-called exception of "prior individual possession" for a particular 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 such situation, operation would only be able to proceed for that particular person on the French territory.

The benefit: If there is no patent, the method is not published and for that reason the organization can anticipate to continue operation in concept indefinitely (Even so in practice, a person will most likely uncover the notion one day, but the duration of safety might end up longer in total). This technique of trade secret and for that reason non- patenting is utilized in some situations by the chemical business.
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