|
|
 |
 |
|  |
 |
|
| Patent |
 |
Monday, 28 April 2008
A patent provides organization exclusive rights, which help them to protect their concept or invention from being used by someone else. The patent rights are there for a particular period of time, after which any other person or organizations are free to use the concept or idea. If during these specified period if someone else tries to use the technique for his or her own benefit then it is illegal and the patentee can take legal action against the offender.
To patent a product, one has to submit an application in the patent office; upon verification the application is either accepted or rejected. In the application the applicant provides detail about his invention and makes claim that he should be given patent of the product or concept, which he has invented.
Generally the application is filed in the patent office, which falls under the jurisdiction of the applicant, which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.
The applicant has to go through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product. The applicant has to put forth strong argument-he should prove that the invention which he is claiming to be his own is beneficial to the society and if patent is granted to him then this won't become a stumbling block in the invention of the new product. There is also patent litigation, which deals with the legal aspects of the patent.
There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application, which can be used for different purposes.
Standard application format is available in the patent office wherein the applicant provides all the details about his invention and strongly argues for the patent. After proper verification he may or may not be granted the patent of the product. The provisional patent application is also one of the ways by which one can apply for the patent. The concept was introduced in the United States of America on June 8, 1995. This is in fact first filing for the patent; it is also cheap.
If someone is interested in continuing with the patent then they could go for filing a standard patent application. Some patent offices allows for continuation of the previous patent application. The continuous application process can be either in parts or in full depending on the applicant's desire.
In the case of the divisional application the existing application is divided into various parts but while doing do the original date of the filing of the application remains intact.
The most important thing is that the application must be properly prepared because complete application, which presents the case strongly, goes a long way in ensuring that the applicant is granted the patent.
So, a patentee should carefully prepare the patent application.
Monday, 28 April 2008
Acquiring a patent for your invention is like protecting your patent from any form of malpractices. Exclusive rights are given to the inventor that helps to protect the invention.
These exclusive rights are granted for a limited period. However to get a patent your invention must be inventive, new and useful. Every country has its own methods and criteria for issuing patents.
You cannot get a patent unless your invention is something constructive. It must also be new. A mere idea or a suggestion cannot give you a patent. Methods of doing printed matter or business cannot be patented. A person desiring a patent for his or her invention should be confident that the invention would be useful for others. Many inventors after getting a patent ask the question that how long does a patent last. This article will give information to those who have no knowledge about how long does a patent last.
How long does a patent last will depend on the type of patent. A patent can either be a utility patent or a design patent. Utility patents are given more time duration than design patent. Utility patents protect any new functional improvements or invention on existing inventions.
The existing invention can be a composition, machine, product or even a process. For example if you want to invent a better carburetor or a new recipe then you would require a utility patent. Generally utility patents are given a duration of 20 years. In case of utility patents the duration is calculated from the day you file the patent application.
14 years are granted for design patent. In case of design patents the duration is calculated from the day your patent is granted. Design patent protect the configuration, ornamental design, shape or form of an invention or improved decorative appearance. If you want to change an existing product in style then you will have to apply for a design patent.
Duration can be extended under exceptional situations. After the duration of the patent expires, the person who owns the inventions loses the right of excluding others from utilizing his or her invention. That means anyone can now use the invention without taking any permission from the patent holder. It is must to get a patent for an invention to protect it from malicious intentions.
But if anyone tries to use the invention before the patent expires, then the patent holder can take legal action against that person. During this period copying any form such as photocopy, electronic, mechanical is strictly prohibited. Any other person also cannot sell or import the invention. Patents have played a very important role in curbing such mal practices.
Typically patent owners can seek monetary compensation to those who violate patent laws before the patent expiry period. Once the patent period becomes invalid, you cannot simply do anything against these infringers.
In most countries, individuals as well as corporate companies are granted patents.
Monday, 28 April 2008
This question frequently ponders those minds that have invented some useful thing. If you think that you have invented something useful and you don't want others to steal or copy then you should file a patent application. All your hard work will be wasted if you don't get a patent. You should not publicize your invention until you get a patent.
A patent is a promise made by the government of any country to protect your invention and to provide you with some exclusive rights, such as you can make, sell or use the patented item.
It is the best way to protect your invention from unauthorized usage. You can then take legal action against the person who tries to copy your invention in any form. If you don't apply for a patent then anyone can copy your invention and easily make money out of it.
If you don't have adequate information on how to get a patient then it is indeed a difficult job. You can always take help of the Internet if you don't know how to get a patent. To get a patent you should apply for it. Each country has its own procedure of issuing a patent.
You can also hire a lawyer who has done specialization in patent laws, in case you don't have the slightest idea about how to get a patent. Many inventors have successfully obtained patents without taking the help of lawyers.
To get a patent your invention must be new and useful. You should prove that your invention works. Every invention cannot be patented. You should determine whether your project is commercially viable. These are the prerequisites to acquire a patent. Your invention should qualify for a patent.
You should keep a record of your invention. Note down every step of your invention process. Describe every aspect of your invention. You should also build a prototype of your invention and test it if possible. All these efforts should be documented. Make sure that your invention meets all requirements for getting a patent.
You can either apply for a regular patent or a provisional patent. The next step is to file a patent application. You may have to spend some time and money for filling a patent. To get a patent application you have to submit patent application and pay the application fees. Unless your application is approved it is not possible to get a patent.
Research the rules and regulations pertaining to patent. Familiarity with patent laws will help you to get a patent law. Unfamiliarity with these laws will take you many years to get a patent
If you are not familiar with the laws, you can always take the help of Internet. If you don't have the time to complete the necessary paper work then you must consult a lawyer.
If you want an international patent then select those areas where you will have no problem in marketing your invention.
Monday, 28 April 2008
A paten refers to a set of rights that are given to an inventor by a state for a fixed duration. The fixed period is generally 20 years and these exclusive rights can be licensed, sold, mortgaged, given away, transferred or simply abandoned In exchange the inventor should disclose or share his or her invention with the public.
Invention can be a useful process, article of manufacture, composition of matter or machine. This procedure for awarding patents varies between countries. It all depends on international agreements and their national laws.
Your patent application should define your invention which should be useful, new inventive or industrially applicable. Certain subject areas such as mental acts and business methods are left out from patents. In most countries the exclusive right that is granted to an inventor is to prevent others from selling, using, making or importing that invention.
If you violate these you may land up in jail. For example an inventor' theory is published in some book. No other publication is allowed to publish this theory without the publisher's consent. If the theory is found in some other publication then the publisher can sue the owner of that publication. Even though patent laws have become strict, there are many who violate these laws. The best example of violation of international patent laws is the thriving market of pirated CDs of various movies. Steps are being taken to stop this illegal activity.
A patent application that is filed under PCT (Patent cooperation treaty) is often referred to as patent application. This treaty provides you a unified procedure to file a patent application.
Examples of some patents for invention are software patents, chemical patents, business method patents and biological patents.
A patent does not mean you have the right to use or practice the invention. Patents can be enforced using civil law suits. Any one who applies for a patent at international level is required to prove that their invention is new.
International patents are exclusive rights that are not only applicable to a particular country but to many countries. Fortunately there are many international treaties that help to apply for patent protection.
If you want to search any international patent application, you can always the help of the Internet. There are some websites that contain international patent application.
If you have invented something new and are in applying for an international patent then you must do the following:
You should first decide which geographical territories i.e. countries you want to cover.
You should pick up those areas of the globe where you think that you that your invention would be easily marketable. Identify the fee requirements of those countries where you interested to apply for a patent. Many countries have their own procedures to obtain international patent; familiarize yourself with all these procedures.
Fulfill all requirements that are necessary to obtain an international patent. There are some online libraries that provide rules about various countries in order to obtain an international patent. If necessary consult a lawyer who is an expert in international patent law.
Monday, 28 April 2008
An easy way to protect your invention from copying in any form is by applying for an invention patent. Protecting the invention from any unauthorized usage is the right of every invention. The inventor can exercise this right using an invention patent.
Generally people have a habit of copying something that is invented and which is useful.
These people without taking prior permission from the inventor publish it in the books and earn lot of money. To stop these malpractices, you can take the help of invention patent. If you have an invention patent and some other person with hateful intentions is trying to copy or sell your invention without your permission then you can sue that person.
If the person is found guilty then he or she is bound to go to jail. Patent laws prevent others from using, making, importing or selling your invention; this is applicable for a limited period
If you want to give a new style, configuration, ornamental design or decorative appearances to an existing invention then you have apply for a design patent. Design patent does not allow improving the function of the existing product. A design patent has a limited period of 14 years.
If you want to functionally improve an existing invention then you have to apply for a utility patent. The existing invention can be a process or a machine.
In order to get an invention patent make ensure that your patent qualifies the eligibility criteria. You will be getting a patent only if your invention is useful to mankind. It should also be inventive and new.
Although you yourself cannot use the invention even if you get the patent, you can exclude others using or selling the patented invention for a period of 14 to 20 years.
In fact an invention patent is nothing but a right that is temporary which the government offers. In exchange you have to share the details about your invention with the public. Once you get an invention patent you have the right to sell, mortgage, transfer or assign it to other person. This deal may fetch you enormous amount of money.
Patent laws differ slightly in some countries. Acquiring an invention patent does not mean that the owner can exploit the patent. For instance many inventions nowadays are enhancements of prior inventions, which are still protected by the owner of the patent. To build an improved version of an invention you must take permission from the patent owner of that invention.
You can enforce patents through civil suits. In some territories criminal penalties are sentenced to people who break patent laws. This discourages the infringer from doing any future infringement activities. But if you apply for compensation for infringement after the time period of invention patent then you are not liable to get any compensation in the form of money.
In order to get an invention patent, you have to pay some money to the concerned patent office of that country.
Monday, 28 April 2008
Provide you exclusive right to become the proprietor of the land. Once you become a proprietor you are free to use the land as per your own wish. You can use it for personal, commercial or other purpose as per your requirements.
Right, title or interest to a tract (or piece) of land is exclusively granted to an individual or to a private company for their purpose by the government of that country. Different countries may have some different procedure for granting exclusive rights but the central idea remains the same. These land patents are also referred by some different names like final certificate or first title deed.
The government has lands, which it provides to other people so that they can use that tract of land for earning livelihood or for building residential house. The government may have acquired the land by different means. For example in United States the government acquired the land from France, Mexico, Spain, Russia, Hawaii, England, and from the Native American Indians.
The lands were either obtained by peaceful treaty and negotiations or by war. The United States had to fight battle with the Native American Indians to get lands. After the Revolutionary War for Independence from England the States was able to acquire vast tract of land. After the acquisition these lands were exclusively reserved for the citizens of United States.
The land patent makes you the heir of the land and by becoming the heir you have the exclusive rights to name the heir of your land whenever you desire doing so. Once you sign the land patent you become the proprietor of the land forever and no law can force to vacate the land unless and until specified in the patent.
If you committed some frauds or have been involved in other illegal acts then you may be debarred from occupying or using the land. The patentee is free to assign his land to other person who he feels so; the documents, which carry the detail of such transactions, are called as deeds.
You have to sign the document, which is called as "Declaration of Land Patent". Signing of this document clearly indicates that you have accepted all terms and conditions and accordingly you have been allowed to acquire the piece of land.
There are those who are against the land patent. They argue that these patents have lost its efficacy in the present time and do not hold good. The major reasons for such negativity is the ignorance, people are today not at all aware of the land patents and so they do not go for it. So it is very important that the people should be made aware about it. Public awareness is the nee of the time and the government should take steps in this direction.
Although arguments and counter-arguments will always exist but it is a known fact that patent have helped many people and are also helping more event today. So if you want to own a land go opt for land patents.
Monday, 28 April 2008
Patent provides an organization or individual exclusive rights to protect their products or concepts from the others. For a specified period of time the patent rights are provided to the individual and during those specified period the patentee is free to use his concept for doing business or for any personal purposes.
However, if anyone tries to use the patentees' concept, product or technique to make profits then this is termed a patent infringement. If an individual were protected by means of a patent infringement insurance plan, then it would prove to be most helpful in such situations.
Patent infringement means others trying to use a patentee's technique for making profit or for his personal motive without taking the consent of the patentee. It is illegal and the patentee has all the rights to take legal action against those persons or organization.
Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure. They may try to prove that the patentee has adopted illegal means to obtain patent rights and at the time of filing the application that particular method or technique were already being used by some others.
The patentee has to provide all the proofs to claim his rights otherwise he may end up being a loser. Generally the application is filed in the patent office, which falls under the jurisdiction of the applicant, which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.
Patent office also contains different types of application, which can be used for different purposes. In the patent prosecution process the applicant has to interact with the patent office as why he should be granted patent of the respective product. There are different types of patents such as plant patents, software patents, design patents and utility patents.
There are two type infringement direct infringement and indirect infringement. In case of direct someone directly tries to copy the techniques of the patentee while in case of indirect a third party who is the supplier of the product is involved.
There is patent infringement insurance too available wherein the insurance company takes the responsibility of providing economical help to the patentee in case he has to suffer any loses. Nowadays the term patent pirates are also being used in place of patent infringement.
The applicant has to file for patent infringement insurance; the insurance company then promises to take care of the losses, which the patentee may suffer in case of any infringement. The patent insurance is helping much organization from getting protection from behemoth organization, which used their money power to harass the patentee.
In case of patent infringement insurance the patentee should be prompt in taking legal actions which will help them to protect their rights; if he is late then in future the patentee may be the ultimate loser. This helps in protecting the rights of the patentee.
Monday, 28 April 2008
In absence of physical boundaries, knowledge and idea free flows, uninterrupted and unhindered, from one place to the other place. An incident in one corner of the world affects people residing in any other part of the world.
In this knowledge era people are constantly engaged in designing new masterpiece of their own. New inventions, new technology and new gadgets are regularly being introduced in the market.
However, since knowledge flows very fast there are umpteen chances of the knowledge being copied by others for some business purpose. This might be harmful for the discoverer because he had toiled hard to discover the new technology but at the end of the day he finds someone else making fortunes of his hard work.
To protect the rights of these discoverer patent laws were introduced. This is in fact necessary and has been helping several individuals, company's and even countries that otherwise would have been at disadvantage. Since for a particular specified period the rights are completely exclusives so these inventors can use it for business purpose and can make fortunes.
The inventor is provided with an application form at the patent office where he will have to furnish all the relevant details about his invention-the purpose and the usefulness of the discovery should be outlined exhaustively; the inventor may even be required to use illustrative diagrams. Different countries may have slightly different procedure but the central idea remains intact. Those desirous of obtaining patent are required to make their invention public.
A thorough examination is done, after verifying all the relevant documents and understanding the usefulness of the application the applicant is granted the patent rights. The patent law grants a patentee exclusive rights to use his discovery as per his own requirements and during those periods no one else is allowed to use the patentee's work for any purpose-business or personal. After the expiry of the patent periods anyone is free to use the technology.
Patents are of different types like chemical patent, biological patent, software patent business method patent, petty patent or innovation patent, design patent and plant patent.
Patents have been the cause of major disputes too. If the dispute is confined to a national boundary then the respective country's patent office can intervene but in the case of international disputes the matter becomes very complicated.
Efforts are being made to bring all patent laws under a single jurisdiction such as bringing it under the ambit of World Trade Organization. TRIPs Agreement was a move aimed in this direction and hopefully has also achieved success.
Paris Convention for the Protection of Industrial Property, European Patent Convention, European Patent Organization, and Patent Cooperation are some of the other international forums, which are
actively trying to ward off international disputes with regard to patents.
There are those who are against the patent law.
They argue that patent grant exclusive rights to a particular individual or company who can use it to exploit the people by eliminating the competitors. Patent law has protected many discoverers but if some loopholes are there then it should be immediately corrected.
Monday, 28 April 2008
Patent has helped many discoverers and has provided them assurance that their work will be recognized and the hard work, which they are putting in, won't go wasted. It is a known fact that these inventors toil day and night and finally come out with a new concept but there is always someone who is always ready to grab this new concept for their own benefit.
Patents came into force to protect the rights of these individuals who always believe in seeing tomorrow and are constantly trying to bring something new in this world. This is why today we see markets being flooded with plethora of new products. New technology, new invention and new gadgets have become have daily phenomenon. A discoverer needs to protect his concepts and idea from being stolen by someone else.
To protect the rights of these discoverers patent an idea was brought into force. This is has been helping several individuals, company's and even countries that otherwise would have been at disadvantage. Since for a particular specified period the rights are completely exclusives so these inventors can use it for business purpose and can make fortunes.
Today each nation has there own patent office, which is responsible for granting patents to the discoverer. The inventor is provided with an application form at the patent office; in the application form he has to furnish all the relevant details about his invention-the purpose and the usefulness of the discovery should be outlined exhaustively; the inventor may even be required to use illustrative diagrams to put forth his point. Different countries may have slightly different procedure but the central idea remains intact. Those desirous of obtaining patent are required to make their invention public.
The patent office has the list of discoveries, which have been patented so far; it helps the discoverer to know whether the concept on which he has put his mind, body and soul is a new idea or is a stale idea.
Patents are of different types like chemical patent, biological patent, software patent business method patent, petty patent or innovation patent, design patent and plant patent.
Patents have also been the cause of major disputes. If the dispute is confined to a national boundary then the respective country's patent office can intervene and take steps to protect the rights of the inventor. But when the disputer crosses the national boundaries then matter becomes too difficult to handle.
Understanding the complexities if international disputes, countries are making concerted efforts bring all patent laws under a single jurisdiction such as bringing it under the ambit of World Trade Organization.
Paris Convention for the Protection of Industrial Property, European Patent Convention, European Patent Organization, and Patent Cooperation are some of the other international forums, which are actively trying to ward off international disputes with regard to patents.
Patent has helped many genuine discoverers to get recognized for the work, which they do. They are now sure that today is or tomorrow they will be recognized for the efforts they have been put in.
Monday, 28 April 2008
When an applicant who has filed for the patent but has not been granted patent i.e. his patent application is under consideration then the term patent pending applies. Patent pending enables an applicant to prevent their invention from being used by others. So they can use the term patent applied for etc to warn others from using their invention for their own purpose.
However, there are also rules which warn those who try to marks any product or procedure as patent pending; different countries adopt different policies s far as patent pending requests are concerned. To patent a product one has to submit an application in the patent office; upon verification the application is either accepted or rejected. In the application the applicant provides detail about his invention and makes claim that he should be given patent of the product or concept, which he has invented.
Generally, the application is filed in the patent office, which falls under the jurisdiction of the applicant, which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.
The applicant goes through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product. The applicant has to put forth strong argument-he should prove that the invention which he is claiming to be his own is beneficial to the society and if patent is granted to him then this won't become a stumbling block in the invention of the new product. There is also patent litigation, which deals with the legal aspects of the patent.
There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application, which can be used for different purposes.
There are several cases wherein during the patent period someone tries to use the concept of the patentee for business purpose or for some other purpose. This is termed as patent infringement. Patent infringement means others trying to use a patentee's technique for making profit or for his personal motive without taking the consent of the patentee. It is illegal and the patentee has all the rights to take legal action against those persons or organization.
Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure. They may try to prove that the patentee has adopted illegal means to obtain patent rights and at the time of filing the application that particular method or technique were already being used by some others.
So it is imperative that the patent application forms should be filled with utmost care. And during the patent pending period too it must be ensured that the others are not trying to use the applicant's product for their own benefit.
|
|
|