The Details You Need to Know About Obtaining A Patent

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

Some nations might at the time of registration issue a "provisional patent" and might grant a "grace time period" of one particular 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention ahead of filing a patent in a non-confidential basis with the benefit of allowing fast dissemination of technical information even though reserving the industrial exploitation of the invention. Based on the country, the initial "inventor" or the 1st "filer" has priority to the patent.

The patent is valid only in a given territory. Hence, the patent remains national. It is feasible to file a patent application for a certain 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). Therefore, a patent application may cover many countries.

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

To be patentable, in addition to the fact that it should be an "invention", an invention should also meet 3 important criteria.

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

2. It need to have inventive phase, that is to say, it are not able to be clear from the prior artwork.

3. It need to have industrial application, that is to say, it can be used or produced in any sort of business, including agriculture (excluding works of artwork or crafts, for instance).

When a firm believes that its competitors are unlikely to discover one particular of its secrets and techniques in the course of the time period of coverage of any patent, or that the firm would not be in a position to detect infringement or enforce its rights, it can select not to file, which carries a chance and a benefit.

The risk: If a competitor finds the patent attorneys same procedure and obtains a patent on it, the company may be prohibited to use his own invention ( the French law and American law differ on this level, one thinking about the proof at the date of discovery, and the other at the date of publication). French law also consists of a so-called patent protection exception of "prior personal possession" for a person who can demonstrate that the inventions ideas 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 ready to proceed for that man or woman on the French territory.

The advantage: If there is no patent, the technique is not published and consequently the firm can assume to proceed operation in theory indefinitely (Even so in practice, an individual will probably locate the idea 1 day, but the duration of protection could end up longer in total). This technique of trade secret and as a result non- patenting is employed in some situations by the chemical sector.