The Facts You Ought to Know About Acquiring A Patent

A patent is an intellectual residence appropriate that offers the holder, not an operating appropriate, but a proper to prohibit the use by a third celebration of the patented invention, from a specified date and for a constrained duration (normally 20 years).

Some nations could at the time of registration situation a "provisional patent" and could grant a "grace period" of one 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 allowing fast dissemination of technical data although reserving the industrial exploitation of the invention. Depending on the nation, the 1st "inventor" or the first "filer" has priority to the patent.

The patent is valid only in a given territory. Hence, the patent stays national. It is possible to file a patent application for a specific 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). Hence, a patent application could cover many countries.

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

To be patentable, apart from the reality that it must be an "invention", an invention need to also meet three essential criteria.

1. It need to be new, that is to say that nothing at all related has ever been available to the public knowledge, by any signifies whatsoever (written, oral, use. ), and anywhere. It also must not match the articles of a patent that was filed but not nevertheless patent inventions published.

2. It need to have inventive step, that is to say, it can't be evident from the prior art.
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3. It need to have industrial application, that is to say, it can be used or manufactured in any kind of industry, like agriculture (excluding operates of art or crafts, for example).

When a organization believes that its competitors are unlikely to uncover one of its tricks throughout the period of coverage of any patent, or that the company would not be in a position to detect infringement or enforce its rights, it can decide on not to file, which carries a danger and a advantage.

The chance: If a competitor finds the exact same method and obtains a patent on it, the business may possibly be prohibited to use his personal invention ( the French law and American law vary on this level, one taking into consideration the evidence at the date of discovery, and the other at the date of publication). French law also includes a so-referred to as exception of "prior personal possession" for a person who can demonstrate 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 ready to continue for that particular person on the French territory.

The advantage: If there is no patent, the approach is not published and therefore the firm can assume to carry on operation in concept indefinitely (Even so in practice, a person will possibly discover the thought 1 day, but the inventions ideas duration of safety might end up longer in total). This technique of trade secret and consequently non- patenting is used in some cases by the chemical sector.