PATENT

Present By

Hasan Qayyum Chohan

“ A patent is a set of exclusive rights granted by a state (national government) to an inventor their assignee for a limited period of time in

exchange for a public disclosure of an invention.”

PATENT

http://en.wikipedia.org/wiki/File:US_Patent_cover.jpg

Biological Patents Chemical Patents Software Patents Business method Patents

Examples

Etymology

Patent is also described in a word “Etymology” ,

that means “to make availablefor public

inspection”.

HISTORY

In 500 B.C. , in the Greek city of Sybaris (Southern Italy) , “

encouragement was held out to all who should discover any new

refinement in luxury , the profits arising from which were secured to the

inventor by patent for a space of a year.

MODERN

“In 1474 , patent is originated in modern sense. The Republic of

Venice enacted a decree that new and inventive devices , once put into practice , had to be communicated to

the Republic to obtain the right to prevent others from using them.”

In 1623 , in England , King James I , which declared that patents could only be granted

for “projects of new invention”.

In 1791 , in France , patents were granted by monarchy for

publishing a description of new invention.

In 1790 , in USA , different states of America issued

patents to republic.

The following are the successive steps of the procedure for obtaining a patent

Filing the “Application”, accompanied by either a Provisional or a Complete Specification.

Filing the Complete Specification, if the Specification filed with the Application was a Provisional Specification.

Examination and Acceptance of application by the Patent Office.

Overcoming Opposition, if any, to the grant of patent.Sealing the patent.

Procedure for obtaining patent

A patent application is a request pending at a patent office for the grant of a patent for the invention

described and claimed by that application.

Patent Application

Standard ApplicationProvisional ApplicationContinuation ApplicationDivisional Applications

Types of application

The patent is requested by filing a written application to the patent office , which usually contains following agreements:

Description of invention / product Sufficient detail of skills of inventor Usefulness of invention Claim by the inventor Scope of invention

Application Process

After the application is processed , it is checked by legal office:

Checking of general information of invention

Checking the requirements of invention Objections may be omitted Payment of patent is granted Texes are issued to the invention

Prosecution

Patent applications are generally published 18 months after the

earliest priority date of the application.

Publication

EFFECTS

A patent is , in fact , a limited property right that the govt. offers to inventors to

exchange for their agreement to share the details of their inventions to the public. It

may be licensed , sold , mortgaged , assigned or transferred , given away , or

simply abandoned.

ENFORCEMENT

Patents can generally only be enforced through lawsuits (court). Civil courts take

judjment about patent and make it valid or not.

Now-a-days , patent rights are usually resolved through private licensing.These

licences are issued by legislation courts , so that , they get the patent rights.

OWNERSHIP

In most countries , both natural persons & corporate entities may apply for a patent. In

the United States only the inventor may apply for patent although it may be

assigned to a corporate entity.

GOVERNMENTLAWS

The grant and enforcement of patents are governed by national laws, and also by

international treaties, where those treaties have been given effect in national laws.

Patents are, therefore, territorial in nature.

RATIONAL

There are four primary incentives emboided in the patent system

To invent the first placeTo disclose the invention

once made

To invest the sums for marketing

To design ground for the improvement of invention

CRITICISM

Patents are criticized for being granted on already known

inventions. If criticized claims are true , then patent is called

invalid.