The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. The exclusive right granted to a patentee in most countries is the right to prevent or exclude others from making, using, selling, offering to sell or importing the invention.

• utility patents,
• design patents, and
• plant patents.

Utility patents, the most common type, are granted to new machines, chemicals, and processes.
Design patents are granted to protect the unique appearance or design of manufactured objects, such as the surface ornamentation or overall design of the object.
Plant patents are granted for the invention and asexual reproduction of new and distinct plant varieties, including hybrids. Asexual reproduction means the plant is reproduced by means other than from seeds, such as by grafting or rooting of cuttings.

For an invention to qualify for a patent, it must be both "novel" and "nonobvious." An invention is novel if it is different from other similar inventions in one or more of its parts. It also must not have been publicly used, sold, or patented by another inventor within a timespan (which varies according to different terriotories) of the date the patent application was filed. This rule reflects the public policy favoring quick disclosure of technological progress.
An invention is nonobvious if someone who is skilled in the field of the invention would consider the invention an unexpected or surprising development.

An inventor applying for a utility patent also must prove that the invention is useful. The invention must have some beneficial use and must be operable. A machine that will not operate to perform its intended purpose would not be called useful, and therefore would not be granted a patent.

Examples of patentable things include:

• Computer Software and Hardware;
• Chemical formulas and Processes;
• Genetically engineered bacteria, plants, and animals;
• Useful Drugs;
• Medical Equipments;
• Musical instruments.

Unlike a copyright, a patent does not apply automatically. An inventor must apply for a patent. The inventor must apply within a particular time limit (Which varies accoding to the territory) of publicly disclosing the invention, such as by publishing a description of the invention or offering it for sale. An inventor, or his or her attorney, generally makes a preliminary patent search before applying for a patent to determine if it is feasible to proceed with the application. The application and a fee is submitted to the respective Office, where it is reviewed by a patent examiner. Only a patent attorney or patent agent may prosecute patents. Before a person may be licensed as a patent attorney or patent agent, she must have a degree in certain technical or scientific fields.

Protection

If an inventor thinks someone has used his or her patented invention without permission, he or she may file a lawsuit against the infringer. If the court agrees, it may award the patent holder monetary compensation and an injunction (an order prohibiting another person from infringing the patent). Some territories (such as France and Austria) have criminal penalties for wanton infringement. An action for infringement can be time-consuming and costly. So, a vast amount of infringement cases are not determined through litigation, but are resolved privately through patent licensing. Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights, usually in return for a royalty or other payment.

Ownership

In the United States, however, only the natural person(s) (i.e. the inventor/s) may apply for a patent. If a patent issues, then each person listed as an inventor owns the patent separately from the other. For example, if two inventors are listed on a patent, then each one may grant licenses to the patent independently of the other, absent an agreement to the contrary.

It is common in the United States for inventors to assign their ownership rights to a corporate entity. Inventors that work for a corporation, for example, often are required to assign their ownership rights to their corporation as a condition of their employment. Independent inventors often assign their ownership rights to a single entity so that only one entity has the right to grant a license.

The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. The third parties then own the patents as if they had originally made the inventions themselves.

Source : Wikipedia

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Last update : 22-10-2007 09:03