4. What are patents?
It's an exclusive right granted for an invention. (Product or a process that
generally provides a new way of doing something, or offers a new technical
solution to a problem)
The patent owner may give permission to, or license, other parties to use the
invention on mutually agreed terms, also sell the right to the invention to a new
owner.
5. ● Patents are territorial and must be filed in each country where protection is sought.
● The maximum duration of your patent will be 20 years .
● An inventor who wishes patent protection in other countries must apply for a patent
in each of the other countries or in regional patent offices.
● A patent allows you, and only you, to profit from your genius when you invent
something new.
Patent In General
6. ● The World Intellectual Property Organization (WIPO) maintains a list of
contact information for most intellectual property offices worldwide.
● After your patent is first granted, it will be subject to payment of annual
renewal fees.
● There are plenty of other things not open to patent protection, including
natural laws, abstract ideas, physical phenomena, new plant or animal
species and atomic weapons.
7. For an invention to be patentable it
should meet the following criteria –
i) Novelty : Some part of it has a new development
and has not been published in India or elsewhere
before the date of filing of patent application in
India.
ii) Inventive Step: If someone who was skilled in
that particular field would consider the invention to
be an unexpected or surprising development on the
invention date
iii) Industrial Applicability: Invention should be
useful, such that it can be used in an industry.
8. Your Rights
Your rights as a patent holder include the right:
● To obtain a court order to stop a competitor unlawfully using (infringing)
your patent (this kind of order is called an injunction)
● To grant a licence to another person to exploit your patent commercially,
in return for licence fees, royalties, or other payments
● To sell your patent or gift in your will
● To mark your product and its packaging as being patented (someone who
does so without having a patent commits an offence).
● If your patent application is pending, you are also entitled to mark your
product, and its packaging, to indicate that a patent is pending .