Patent – Discussion and Suggestions
This is the article contains some valuable doubts and answers for those doubts about Patents and related with Intellectual Properties. This article looks like the open discussion about the Patents and patenting the new invention. If you are a person, new to the Patents or other then the patents related professional, here you can clear your all most possible doubts about legal Patents. This article had written in the type of question and answer format.
Question 1: What is mean by Patent?
It is an exclusive monopoly granted by the Government various countries to an inventor over his invention for limited period of time. It is one of the legal document explains about the new invention used to protect the inventors idea using various claims.
Question 2: What is the difference between Patents and Exclusivity?
Patents and exclusivity work in a similar fashion but are distinctly different from one another. Patents are granted by the patent and trademark office anywhere along the development lifeline of a drug and can encompass a wide range of claims.
Question 3: What kinds of Inventions can be patented?
An invention must be of practical use; it must show an element of novelty, that is, some new characteristic that is not known in the body of existing knowledge in its technical field. In many countries, scientific theories, mathematical methods, plant or animal varieties invention, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) and software programs are generally not patentable.
Question 4: Who can obtain the Patents?
An inventor or company assigned by the inventor can obtain.
Question 5: What kind of Protection does a Patents offer?
Patents protection means that the invention cannot be commercially made, used, distributed or sold without the owners consent/written permission. If any company/person wants to use that invention, they may need to buy that rights or to give royalty to that owner.
Question 6: How many inventors can joint together in a single application?
If the invention inventing by a group of people or a team means, they can joint together and make a application for that as an inventors.
Question 7: Can a person get this right for other persons invention?
Yes, a person assigned by the inventor can obtain rights for that inventors invention. Here the original owner is that assigned person, but the inventor name only present in the inventors column. If a person try to get a right for an invention without the knowledge of inventor is illegal.
Question 8: How a patents application get filed?
The inventor or his assignee obtains a Patent by filing a application to the Patent office in the stipulated forms as required by the act of that country.
Question 9: Who checks the novelty features of the invention?
An examiner of country office checks the novelty features of the application with the current state of the art available.
Question 10: Which invention qualifies for the grant of that invention?
It is granted only for the invention, which is new and has industrial applicability.
Question 11: Why an inventor should go for a patents right?
If the inventor does not get the rights for his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially. To debar others from using, selling or working out his invention, the inventor must go for getting legal rights.
Question 12: Why does the Government encourage filing of patents filing?
Innovation, research and development activities of the particular country place the important roll in the technological development, industrial and economical growth of that country. So that, the government is encouraging the innovation and filing of that.
Question 13: When will the rights get expire?
It can expire in the following ways:
1. It has lived its full term i.e. the term specified by the act of the country. Generally it is 20 years from the date of filing.
2. The patent assigner has failed to pay the renewal fee.
3. The validity of the granted application has been successfully challenged by an opponent by filing an opposition either in the Patnets office or in the courts.
Question 14: What is the different between a Country issuing patents and World Intellect Property Organization?
World Intellect Property Organization is a specialized agency of the United Nations. The patents issued by World Intellect Property Organization are agreed by so many nations who are all the member of this organization. But it granted by a country patents office is applicable within the geographical boundaries of that country only like a US Patents is applicable within USA only and has no effect in other countries.
Question 15: Is there any International/Global patents office?
No. There is no International or Global Patent. An inventor has to file an application in each country, where he seeks to protect his invention.
Question 16: Is there any International/Global law for Patents?
The Patent Cooperation Treaty is an international law treaty, concluded in 1970. It provides a unified procedure for filing patents applications to protect inventions in each of its Contracting nations. But some countries and organizations only accepted this patents law for their invention patenting procedures.
Question 17: Can a person get a patents for his invention, which has already published in the National/International journal?
No. A patent is not granted to an invention if it is already available with the public either in the form product/literature/common knowledge. But many countries have some limitations like if the inventor publish his invention and put application within that year is acceptable. But this time limit may vary depends on each country. US time limit is within that publishing year; the inventor can apply for rights for his invention.
Question 18: Who is responsible to ensure that the patents has not been infringed?
It is the only responsibility of the assigner to see that someone else is not infringing upon his invention. So the prior art searches and previous analysis is important for every inventor and attorneys to make their invention be a unique.
Question 19: Does a assigner get money once a it has been granted to him/her?
No. A assigner does not get any kind of money over the grant. The issuing government/granting authority will not give any money to the assigner. Rather the inventor has to spend lot of money to get the rights over his/her invention and also to spend some money to maintain it.
Question 20: Does a assigner sell his right to any person/company?
The assigner has all the rights to sell his invention exclusively/not exclusively to any person/party/company or he may choose to sell his invention for a royalty.
Question 21: Is any rule, only the attorneys do the draft?
No, the inventor himself can draft the application. But that application should be in the acceptable format of the particular issuing country/organization. A look on the closely related applications already filed/granted, will render help to a great extent.
Questions 22: How would you know about your application status?
The Patent Office will answer an applicants inquiries about the status of the application, and inform you whether your application has been rejected, allowed, or are awaiting action by an e-mail/direct letter.
Questions 23: Is the country office assist the inventors for developing and marketing of their inventions?
No. The Office cannot act or advise concerning the business transactions or arrangements that are involved in the development and marketing of an invention. The Office, however, will publish for a fee, at the request of a owner, a notice in the Official Gazette.