A Closer Look at …Patents: Standing on the Shoulders of Giants
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This week I would like to focus on the first of the four main Intellectual Property Rights or IPRs for short. Patents.
A granted patent is a monopoly in a country for an invention which gives the patent owner the right to exclude others from exploiting the invention. It grants exclusivity to the inventor, or the inventor’s employer if his job is to invent, or to an assignee, for a limited period of time in exchange for the public disclosure of the invention. This means that in exchange for the exclusive right to use the invention, the inventor agrees to share details of their invention with the public. This is the policy reason behind patents; to encourage disclosure of new ideas and inventions so we can all learn and progress.
Typically, an invention is a solution to a specific technical problem in the form of a product or a process. For the invention to be patentable, it must be
- new (novel) and
- inventive (non-obvious).
It is therefore very important you do not disclose your invention to anyone else without an obligation of confidentiality, preferably in writing, until after you have filed an application. It may also be a good idea, if you can, not to disclose your invention until after your patent application is published around 18 months later.
The procedure for granting patents varies widely between countries according to national laws and international agreements.
A patent application includes one or more claims that define the invention, a detailed description of the invention, and usually drawings. To be granted the claims must be novel and inventive. We can within limits amend these during the patenting process.
The patenting process has four main stages:
- File
- Search
- Examination
- Grant.
The exclusive right granted to a patent owner in most countries is the right to prevent others from making, using, dispose of (sell), offer to dispose of, import, keep for disposal a patented invention without permission.
Similar to other property rights, it may be sold (assigned), licensed, mortgaged, given away, or even abandoned. Patents can last up to twenty years.
As I explained in earlier articles, having a patent application shows real commitment to your invention, opening doors and enabling conversations that move things along for your business. And the disclosure from earlier patent applications gives insight into the technology and players in your chosen field.
As Newton said to Hooke in 1675, “If I have seen further, it is by standing upon the shoulders of giants".
- Posted under:
- #IPStrategy
- #patentattorney
- Innovation
- IP
