what is a patent?
A patent is a
territorial right that is granted by a government authority for an invention in
a field of technology. Therefore, it is a right to prevent others from making,
using, distributing, selling or importing the invention. Patent usually provide
20 years protection from filing date of application.
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court of law has the authority to stop patent infringement. However, the main responsibility for monitoring, identifying, and taking action against infringers of a patent lies with the patent owner.
What are Patent
- A patent provides an exclusive right to the owner to prevent or stop others from commercially exploiting patented invention. Therefore, it precludes counterfeiter’s and infringer’s competitions.
- Inventor as owner of an invention has authority to grant its exploiting right to others in respect of receiving specific amount of money or a privilege.
- An inventor by obtaining protection for his/her invention will be able to prevent others from applying a patent.
What are Patent criterias?
An invention has to meet the following essentials to be eligible for patent granting:
- Consist of a subject to be able to registered
- Be non-obvious
- Be useful in industry
- Be statutory
- In patent application be released completely
What practical steps should be taken to obtain a Patent protection?
The first step in securing a patent is filing of
a patent application. Many patent offices provide a specific form to fill in.
In some patent offices, you can file a patent application on line.
In the patent application, in general, you must
describe the title of the invention, as well as provide an indication of its
technical field. You must also include the background to and a description of
the invention, in clear language and enough detail that a person with an
average understanding of the field could use or reproduce the invention. Such
descriptions are usually accompanied by visual materials such as drawings,
plans, or diagrams to better describe the invention and an abstract, which
contains a brief summary of the invention. You must also clearly and concisely
define the matter for which patent protection is sought in the “claims” part of
the patent application.
Once all requirements are satisfied and
application fee is paid, a tracking number is assigned to application by Industrial
Property Office. Applicant is able to follow his application status by using
If application draft does not meet regulations,
notice of defects will be issued. Otherwise applicant can expect to be granted
patent for his invention.
It is worth to know that the procedure is not
usually as smooth as indicated above. Sometimes it is obligatory to be at
Industrial Property Office physically couples of times. In such cases agent
assistance can be useful.
In addition, depending on the applicable patent
law, you may need to submit various kinds of statements, declarations or
supporting documents to a patent office. In view of the complexity it is
recommended that you consult a patent attorney or a patent agent to prepare a
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