A patent is a right granted to a discoverer or an inventor by the government. The inventor is allowed to stop or prevent other people, for a certain period of time from using, making or selling the discovery or invention without his or her permission. Patents apply to improvements on processes or products as well as newly developed technology. Adding claims to a patent is one of the options available for one who feels that his or her rights have been infringed.
An invention that has ever been made somewhere else by another individual or a company and made public cannot be patented. This crystal clearly shows that only new discoveries qualify to be patented. The content of the invention should not be seen as obvious by people with either good knowledge or experience of the issues at hand. Only inventions that are useful or applicable in a particular industry are patentable.
Naturally occurring items and also laws of nature are not patentable. Fundamental truths, mathematical formulas, abstract principles and calculation methods are also not patentable. It is important that a process, which uses a certain principle, method or formula, can be patented provided that required procedures are followed. Unsafe drugs, inventions with no legal use, ideas and suggestions that are considered to be obvious are rarely patented.
There are three main categories of patent. Utility patents are common and are granted to new chemicals, machines and processes. Design patents are given to protect a unique design or appearance of a manufactured object like the surface ornamentation or even the design of a particular commodity. Plant patents are concerned with discovery of new plant varieties.
Any individual intending to apply for these rights should be ready and willing to show that the discovery is not only helpful, but also useful. The invention must not only be operable, but also have a beneficial use. A facility is said not to be useful if it is not capable of performing the task it was made for. Some of the patentable items are genetically engineered animals, plants and bacteria, computer software and hardware, medical devices, musical instruments, chemical formulas and processes, drugs, furniture design and jewelry.
One cannot be granted a patent unless he or she applies for it. Most importantly, he or she must follow the required procedure while applying. One should apply for these rights as soon as he makes his or her invention public. Utility and also plant patents expires after about 20 years. If one fails to pay maintenance fee as required, patent can expire before the expected time.
If a discoverer realizes that someone is using her or his invention without permission, she or he has the right to sue the infringer. In case the court agrees, the patent holder is awarded attorney fee, an injunction and also cost of damages caused. These kinds of cases are not only time consuming, but also costly. They are rarely settled.
A person who intends to have his or her discovery protected should research widely so as to have good understanding of intellectual property law. This will enable him or her to follow the required procedure from the start to the end. Seeking assistance a competent lawyer is important.
An invention that has ever been made somewhere else by another individual or a company and made public cannot be patented. This crystal clearly shows that only new discoveries qualify to be patented. The content of the invention should not be seen as obvious by people with either good knowledge or experience of the issues at hand. Only inventions that are useful or applicable in a particular industry are patentable.
Naturally occurring items and also laws of nature are not patentable. Fundamental truths, mathematical formulas, abstract principles and calculation methods are also not patentable. It is important that a process, which uses a certain principle, method or formula, can be patented provided that required procedures are followed. Unsafe drugs, inventions with no legal use, ideas and suggestions that are considered to be obvious are rarely patented.
There are three main categories of patent. Utility patents are common and are granted to new chemicals, machines and processes. Design patents are given to protect a unique design or appearance of a manufactured object like the surface ornamentation or even the design of a particular commodity. Plant patents are concerned with discovery of new plant varieties.
Any individual intending to apply for these rights should be ready and willing to show that the discovery is not only helpful, but also useful. The invention must not only be operable, but also have a beneficial use. A facility is said not to be useful if it is not capable of performing the task it was made for. Some of the patentable items are genetically engineered animals, plants and bacteria, computer software and hardware, medical devices, musical instruments, chemical formulas and processes, drugs, furniture design and jewelry.
One cannot be granted a patent unless he or she applies for it. Most importantly, he or she must follow the required procedure while applying. One should apply for these rights as soon as he makes his or her invention public. Utility and also plant patents expires after about 20 years. If one fails to pay maintenance fee as required, patent can expire before the expected time.
If a discoverer realizes that someone is using her or his invention without permission, she or he has the right to sue the infringer. In case the court agrees, the patent holder is awarded attorney fee, an injunction and also cost of damages caused. These kinds of cases are not only time consuming, but also costly. They are rarely settled.
A person who intends to have his or her discovery protected should research widely so as to have good understanding of intellectual property law. This will enable him or her to follow the required procedure from the start to the end. Seeking assistance a competent lawyer is important.
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