The Facts You Ought to Know About Acquiring A Patent

A patent is an intellectual house correct that provides the holder, not an working correct, but a proper to prohibit the use by a third get together of the patented invention, from a particular date and for a limited duration (generally 20 years).

Some countries may at the time of registration situation a "provisional patent" and may possibly grant a "grace period" of one particular yr 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 allowing quick dissemination of technical data while reserving the industrial exploitation of the invention. Dependent on the country, the initial "inventor" or the 1st "filer" has priority to the patent.

The patent is legitimate only in a offered territory. Thus, the patent stays national. It is attainable to file a patent application for a particular 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). As a result, a patent application could cover many countries.

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, following the very first filing, except in particular circumstances.

To be patentable, apart from the truth that it must be patent office an "invention", an invention need to also meet 3 essential criteria.

1. It must be new, that is to say that practically nothing related has ever been accessible to the public expertise, by any means whatsoever (written, oral, use. ), and anyplace. It also need to not match the material of a patent that was filed but not but published.

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

3. It should have industrial application, that is to say, it can be utilized or produced in any variety of industry, including agriculture (excluding operates of art or crafts, for illustration).

When a company believes that its rivals are unlikely to find out 1 of its tricks during the period of coverage of any patent, or that the business would not be capable to detect infringement or enforce its rights, it can pick inventions not to file, which carries a danger and a benefit.

The risk: If a competitor finds the same procedure and obtains a patent on it, the organization might be prohibited to use his own invention ( the French law and American law differ on this point, 1 taking into consideration the proof at the date of discovery, and the other at the date of open innovation publication). French law also involves a so-called exception of "prior private possession" for a individual 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 in a position to proceed for that person on the French territory.

The benefit: If there is no patent, the approach is not published and for that reason the organization can anticipate to continue operation in theory indefinitely (Nevertheless in practice, somebody will possibly uncover the thought one day, but the duration of safety might finish up longer in complete). This system of trade secret and therefore non- patenting is employed in some situations by the chemical sector.