What Is Protected under Patent Law

WIPO was working to establish a balanced and effective international INTELLECTUAL PROPERTY system, a substantial part of which was devoted to patents. WIPO Member States cooperate in various areas, including the agreement of treaties and conventions that underpin the international IP system and enable the global exchange of creativity and innovation. The IP services offered by WIPO, such as the facilitation of international patent protection under the PCT system, complement the services available at the national and/or regional levels. It was important to remember that WIPO did not grant patents per se; The grant or rejection of a patent remains the responsibility of the competent national or regional patent office. To qualify for a utility model, the invention must be new, non-obvious and have some advantage. Roman means new and unknown to anyone, while not obvious means it can`t be immediately obvious to someone who has ordinary skills in the industry. A design patent covers any new original and decorative design for a manufacturing item, while a plant patent covers any new variety of plants produced asexually. A design has a term of 14 years and a utility or plant patent has a term of 20 years. If disclosure of your invention is unavoidable before filing a patent application – for example, for a potential investor or business partner – any disclosure must be accompanied by a confidentiality or non-disclosure agreement. It should also be borne in mind that an early application for patent protection is usually useful if you are looking for financial support for the commercialization of an invention.

Patent applications require a high level of detail. The U.S. Patent and Trademark Office, which grants and grants patents, scrutinizes all applications and can take years for an application to be approved. Other patent laws can be found in a variety of sources, including Federal Court decisions that have accumulated over more than 200 years. The U.S. Patent and Trademark Office also has its own judicial system, the Patent Trial and Appeal Board (formerly known as the Board of Patent Appeals and Interferences), which deals specifically with appeals against examiners` refusal to grant patents, and various other matters specifically affecting the USPTO. Some opinions of the Patent Trial and Appeal Board are considered precedent and will affect future patent applications. Before you file a patent, you need to determine who owns the idea. Some companies file patents on their protected inventions, but if an employee had the idea, the person can get the patent owner.

If your company owns the patent, you must protect the patent with the company by asking employees involved in the invention process to sign an agreement stating that the idea belongs to the company. In the patent application, you usually need to describe the title of the invention and give an indication of its technical field. You must also provide the context and description of the invention in clear language and in such detail that a person with an average understanding of the field could use or reproduce the invention. These descriptions are usually accompanied by photographic material such as drawings, plans or diagrams to better describe the invention and a summary containing a brief summary of the invention. They must also clearly and concisely define the facts for which patent protection is sought in the “Claims” section of the patent application. In general, however, it is possible to say that if you intend to license your patent, which is important, careful preparation is required. Before entering into negotiations with a potential licensee, you should be informed of the current situation and future prospects of the relevant market and technology. In addition, you should inquire about the economic situation of a potential licensee and the associated financial value of your patent, etc. You should think about your own business goals and carefully consider how signing a license agreement fits into your short- and long-term business strategies.

If you decide to patent your invention abroad, you should also consider the corresponding official filing fees for each country in question, translation costs, and the cost of using local patent attorneys, which are required in many countries for foreign applicants. Once you`ve reached a confidentiality agreement – usually a simple question – talk to the company and listen to their feedback. Even if they don`t care about technology, it will be good to hear why. You can learn a lot from an opportunity that has not developed. Why not? How can you do better for the next pitch? Keep in mind that you can contact someone who has been in the industry for over 20 years. If they`re willing to sit down with you or even just make a phone call or answer your emails, pay attention to what they say. It is extremely helpful to hear ideas from experienced people who are already established in the industry. Then, hopefully, in the next conversation, you will be better informed and able to address the issues raised in the first round of conversations. The ability to obtain patent protection for an application depends on the element of your application that you want to protect. If you want to protect a technical idea or application-related feature, patent protection is a possible option. Depending on the applicable national law, the software running your application may be protected by patents if it has certain technical characteristics. However, you should keep in mind that your technical idea must meet all the patentability requirements to obtain patent protection, and it can take years to obtain a patent.

Learn more about using patents to protect software and business methods. In a broader sense, the public disclosure of the technical knowledge contained in the patent and the exclusive right granted by the patent encourage competitors to seek alternative solutions and “invent” the first invention. These incentives and the dissemination of knowledge about new inventions foster new innovations that ensure continuous improvement in the quality of human life and the well-being of society. Patented inventions have permeated every aspect of human life, from electric lighting (Edison and Swan patents) and plastic (Baekeland patents) to ballpoint pens (Biro patents) to microprocessors (Intel patents, for example). Most patents have more than one claim. Claims are the section of the patent that lists the parts of the invention that are protected. Only one claim must be infringed before the patent owner can bring an action for infringement. The above idea is correct.

(We limit this discussion to the biotechnology industry.) Once you get patent protection, you can find a company that is already in the room and contact them to license your intellectual property. The patent does not necessarily have to be granted; License agreements can be obtained for pending patent applications. Usually, the licensee (the person who acquires the license) will want to include safeguards in the agreement that state that if the patent is not granted, certain things will happen because the patent process can take years. In fact, pre-grant licensing is becoming more common because the process is so long and the lifespan of patent protection begins on the day you apply for it, not the day it is granted. The lifespan of your patent begins to decline the day you do the right thing and file it with the Patent and Trademark Office (in the United States; the names of the offices vary by country). With submission begins your 20 year clock.. .