PATENTS
What is a patent?
A patent is an exclusive legal right granted for an invention. The invention is a product or process that provides a new way of doing something or offers a new technical solution to a problem.
What does the patent do?
The patent holder provides legal protection for an invention. Protection is granted for a fixed term of 20 years if annual renewal fees are paid to keep the patent effective.
What kind of protection does the patent provide?
Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party
What are the rights of the patent owner?
The patent owner has the right to decide who may or may not use the patented invention for the period during which the invention is protected. The patent owner may authorize or license other parties to use the invention under conditions for which they agreed mutually. Also, the owner can sell the invention to someone else, who then becomes the new owner of the patent. With the expiration of the patent, the protection ends, and the invention becomes available for public use. This means that the owner no longer has exclusive rights over the invention, which becomes available to be used for commercial purposes by others.
Finally, it should fall as "patentable” subject matter. Scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (except for medical products) are not patentable
What roles do patents play in everyday life?
Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic (patents held by Baekeland), to ballpoint pens (patents held by Biro) and microprocessors (patents held by Intel, for example).
All patent owners are obliged, in return for patent protection, to publicly disclose information on their invention in order to enrich the total body of technical knowledge in the world. Such an ever-increasing body of public knowledge promotes further creativity and innovation in others. In this way, patents provide not only protection for the owner but valuable information and inspiration for future generations of researchers and inventors.
Which innovations can be protected?
The invention must meet the following criteria, in order to be protected by patents:
- To be industrially applicable;
- It must be an innovation; namely a new feature, not part of a prior knowledge. Previous knowledge includes everything that is made available to the public;
- The invention must include an innovative step, which may result from the impression of an individual with average knowledge in the relevant field;
- Finally, it should fall as "patentable” subject matter. Scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (except for medical products) are not patentable