A patent is a set of ownership rights given by a state to investors so that they have the exclusive rights to make, use and sell their own invention. Patents are given so as to prevent others from making, selling or importing the same invention. The inventor is called the patentee and he also has to comply with other laws and regulations to use his own invention. He can only market or sell his product under regulatory approval. If his product or design is an improvement of a product that is already there in the market he has to first get license from the owner of the earlier broader patent covering the same type of product. The owner of the improved product can also have the right to exclude the patent owner from using the improvement. Patentees Rights: Now the patentee can have the right to exclude others from copying, using, selling or importing his patent product for a term of 20 years. A patent is in fact a kind of agreement between the inventor and the government where the state guards the right of the inventor from others from using or selling his invention as long as he makes the details of his invention public. This also like in any other case the property right may be sold, licensed, mortgaged, assigned or transferred, or simply given away. How to get a patent? To obtain a patent you must first provide a complete description of your invention in writing. This is provided with the patent specification along with the figures showing how the invention is made and how it operates. At the end of the specification you must put forward your claims that points out specifically what you regard as your invention. This is a description unlike the body of the specification, designed to provide the public with notice of precisely what you as the patent owner has a right to exclude others from making, using, or selling. It basically defines what a patent covers or what it does not cover. There may be numerous claims for a single patent, each of which is regarded as a distinct invention. For a patent to be granted, the patent application must meet the requirements of the national law related to patentability. Patents are enforced through civil lawsuits. A patent owner can seek monetary compensation if an accused infringer breaks any of the patents law and practices even one of the claims of the patent. He can prohibit the accused from engaging in future acts of infringement. But if the accused infringer challenges the validity of the patent owner then the court may declare the patent invalid. The grounds on which a patent can be found invalid are set out in the relevant patent legislation and vary between countries. |
