Patent Dispute

What It Is?

A patent is a right granted by law to the inventor that prevents others from making, using, importing, or selling the invention.

A patentable invention can be a product or a process that gives a new technical solution to a problem. It can also be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work. Once it is granted, the term of a patent is 20 years from the Date of Filing while it is a 10 years term for a simple patent/utility model, subject to the payment of annual fees.

Benefits of Filing : 

Once you register a patent, apart from using the patent to prevent others from exploiting your invention, you can employ it to raise funds for your business, license it to third parties for commercial returns or sell the patented invention.

An invention is patentable when in general, it must satisfy three keys of criteria :

  • NOVEL – The invention should not be publicly known in any way, anywhere in the world. Owners of inventions should be careful to keep the invention secret until a patent application has been successfully made. If the idea has already been talked about, commercially exploited, advertised, or demonstrated, then the novelty of the invention may be compromised.
  • INVENTIVE STEP – The invention must be something that represents an improvement over any existing product or process that is already available. The improvement must not be obvious to someone with technical skills or knowledge in the invention’s particular field. If an invention is new yet obvious to a person skilled in the art, the invention would not fulfill the inventive step requirement.
  • INDUSTRIAL APPLICABILITY – The invention must be useful and have some form of practical application. It should be able to be made or used in some form of industry.

The following is not a patentable invention: An invention of a method for the treatment of the human or animal body by surgery or therapy, or of a diagnosis practiced on the human or animal body. An invention that could encourage offensive, immoral or anti-social behavior, even if it satisfies the key criteria for patents.  

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