The Information You Should Know About Obtaining A Patent

A patent is an intellectual property correct that provides the holder, not an working proper, but a right to prohibit the use by a third celebration of the patented invention, from a particular date and for a constrained duration (usually twenty years).

Some nations may possibly at the time of registration situation a "provisional patent" and may grant a "grace period" of 1 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention just before filing a patent in a non-confidential basis with the benefit of permitting speedy dissemination of technical info while reserving the industrial exploitation of the invention. Based on the country, the first "inventor" or the initial "filer" has how to obtain a patent priority to the patent.

The patent is legitimate only in a provided territory. Therefore, the patent remains nationwide. It is possible to file a patent how to obtain a patent application for a specific country (INPI for France, the 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). Thus, a patent application might cover numerous nations.

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

To be patentable, besides the fact that it should be an "invention", an invention should also meet three crucial criteria.

1. It need to be new, that is to say that absolutely nothing equivalent has ever been accessible to the public information, by any implies whatsoever (written, oral, use. ), and anywhere. It also ought to not match the material of a patent that was filed but not yet published.

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

3. It must have industrial application, that is to say, it can be used or manufactured in any type of sector, such as agriculture (excluding operates of artwork or crafts, for instance).

When a company believes that its rivals are unlikely to discover 1 of its secrets during the period of coverage of any patent, or that the business would not be able to detect infringement or enforce its rights, it can choose not to file, which carries a danger and a benefit.

The risk: If a competitor finds the very same method and obtains a patent on it, the firm may possibly be prohibited to use his own invention ( the French law and American law vary on this level, 1 taking into consideration the proof at the date of discovery, and the other at the date of publication). French law also includes a so-called exception of "prior individual possession" for a person who can show that the alleged invention was without a doubt infringed presently invention in its possession prior to the filing date of the patent application. In this kind of case, operation would only be in a position to proceed for that individual on the French territory.

The advantage: If there is no patent, the method is not published and for that reason the company can anticipate to proceed operation in theory indefinitely (Nonetheless in practice, somebody will most likely find the concept one day, but the duration of safety may finish up longer in total). This technique of trade secret and as a result non- patenting is used in some situations by the chemical sector.