The Facts You Need to Know About Obtaining A Patent

A patent is an intellectual house right that gives the holder, not an working appropriate, but a appropriate to prohibit the use by a third celebration of the patented invention, from a particular date and for a constrained duration (generally 20 years).

Some nations could at the time of registration problem a "provisional patent" and could grant a "grace period" of 1 12 months 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 advantage of permitting rapid dissemination of technical details whilst reserving the industrial exploitation of the invention. Depending on the country, the 1st "inventor" or the 1st "filer" has priority to the patent.

The patent is valid only in a new invention ideas provided territory. Therefore, the patent remains nationwide. 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 countries (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). how to patent ideas As a result, a patent application might cover a number of nations.

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

To be patentable, in addition to the truth that it must be an "invention", an invention have to also meet three vital criteria.

1. It should be new, that is to say that nothing related has ever been available to the public expertise, by any implies whatsoever (written, oral, use. ), and anyplace. It also should not match the content of a patent that was filed but not nevertheless published.

2. It have to have inventive phase, that is to say, it are not inventor ideas able to be evident from the prior art.

3. It need to have industrial application, that is to say, it can be employed or manufactured in any type of business, including agriculture (excluding functions of art or crafts, for instance).

When a company believes that its competitors are unlikely to learn one of its secrets in the course of the period of coverage of any patent, or that the business would not be able to detect infringement or enforce its rights, it can pick not to file, which carries a risk and a advantage.

The danger: If a competitor finds the exact same approach and obtains a patent on it, the company may be prohibited to use his very own invention ( the French law and American law differ on this stage, a single thinking about the proof at the date of discovery, and the other at the date of publication). French law also involves a so-called exception of "prior personalized possession" for a person who can show that the alleged invention was without a doubt infringed already in its possession prior to the filing date of the patent application. In this kind of case, operation would only be able to continue for that individual on the French territory.

The benefit: If there is no patent, the approach is not published and as a result the company can expect to continue operation in theory indefinitely (Nevertheless in practice, someone will probably locate the idea 1 day, but the duration of protection may finish up longer in total). This program of trade secret and consequently non- patenting is utilised in some circumstances by the chemical business.