Patent Registration
Patent is a right given to an inventor by states which are sovereign or intergovernmental organization. This right is given for a certain period of time to an inventor in exchange for detailed public disclosure of his invention.
(Inventions can be electrical, mechanical, or chemical in nature. An invention can be a solution to some specific technological problem or can be a product or a process.)
The word patent is derived from Latin word ‘Patere’’ which mean to lay open (to make available for public inspection). In modern usage, the term patent refers to the right granted to anyone who invents something new, useful and non-obvious.
The purpose of patent is to encourage the development of new invention and its disclosure. As Inventors are often feeling fear in revealing the details of their invention that someone else may copy it.
A patent gives certain legal rights which deter rival businesses from using or copying products or inventions of others.
- It gives legal right of ownership of the invention to an inventor.
- It is often required when someone applies for investment.
- It guarantees the protection of a product from the time the patent application is filed.
- At first a written application is filed at relevant patent office.
- The one who is filing an application is referred as applicant. Applicant can be an individual or a company.
- The applicant must be an inventor or its assignee.
- The application contains a description about of an invention. Such as how an invention work what are its functions and how it is made.
- The application also includes definition and scope of patent.
- After filing, an application is referred as "patent pending". This term does not confer legal protection. It serves to provide warning to potential infringers that if the patent is issued, they may be liable for damages.
After filing, the application goes through an examination process. Examiner would check if an application meets all the requirements. If the application has any objection then applicant is informed to respond. The final rejection is sent by the patent office. There are also opportunities for the third parties to oppose the proceedings. The third parties challenge the validity of an allowed or issued patent at the national patent office on following grounds.
- the claimed subject matter is not patentable at all;
- the claimed subject matter is not new at the time the application is filed;
- Some kind of fraud is committed during prosecution with regard to listing of inventors, representations about when discoveries were made, etc.
Patents can found to be invalid in whole or in part for any of these reasons.
Contact
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