A how to obtain a patent patent is an intellectual house proper that offers the holder, not an working right, but a proper to prohibit the use by a third get together of the patented invention, from a specific date and for a limited duration (usually twenty years).
Some countries might at the time of registration concern a "provisional patent" and may possibly grant a "grace period" of a single 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention just before filing a patent in a non-confidential basis with the advantage of allowing fast dissemination of technical information although reserving intellectual property the industrial exploitation of the invention. Depending on the nation, the initial "inventor" or the 1st "filer" has priority to the patent.
The patent is legitimate only in a provided territory. Hence, the patent stays nationwide. It is possible to file a patent application for a specific country (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of nations (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). As a result, a patent application might cover a number of nations.
In return, the invention need to be disclosed to the public. In practice, patents are immediately published 18 months following the priority date, that is to say, right after the initial filing, except in special situations.
To be patentable, in addition to the truth that it must be an "invention", an invention should also meet 3 vital criteria.
1. It have to be new, that is to say that practically nothing equivalent has ever been available to the public expertise, by any implies whatsoever (written, oral, use. ), and anywhere. It also must not match the articles of a patent that was filed but not nevertheless published.
2. It should have inventive stage, that is to say, it cannot be clear from the prior art.
3. It must have industrial application, that is to say, it can be used or produced in any sort of industry, including agriculture (excluding works of artwork or crafts, for instance).
When a company believes that its rivals are unlikely to uncover one of its secrets for the duration of the time period of coverage of any patent, or that the organization would not be able to detect infringement or enforce its rights, it can select not to file, which carries a threat and a benefit.
The chance: If a competitor finds the same process and obtains a patent on it, the firm might be prohibited to use his own invention ( the French law and American law differ on this point, one particular contemplating the proof at the date of discovery, and the other at the date of publication). French law also involves a so-called exception of "prior personal possession" for a individual who can demonstrate that the alleged invention was without a doubt infringed already in its possession prior to the filing date of the patent application. In such case, operation would only be capable to continue for that person on the French territory.
The advantage: If there is no patent, the strategy is not published and as a result the organization can assume to carry on operation in theory indefinitely (However in patent an invention practice, an individual will most likely discover the concept 1 day, but the duration of protection may possibly finish up longer in complete). This technique of trade secret and therefore non- patenting is utilized in some situations by the chemical sector.