The aim of patent law is to encourage innovation, by granting inventors legal rights that permit them to screen their original inventions. A patent is a right that is granted by government that permits an inventor to prevent others from copying, manipulating or selling his invention for a fixed period of time without permission. After the specific period, the invention becomes free to use.
Although it is possible for an inventor to get a patent without the assistance of a lawyer, a legal professional will ensure the patent is enforceable and will maximize the protection gained through patent process.
What Inventions Can Be Patented?
Patents are available for almost every manufactured product. To qualify for patent protection, an invention must be new, have utility and should not comply with any of the previous inventions made in a similar field. Here is a simpler description of these elements.
1. New: In simple terms, this means it hasn?t been developed before. An invention is not considered new if:
? It has been described in a patent or printed publication before it was invented by the person applying for its patent.
? The invention was in use and available for sale for more than one year before filing the patent application.
? Other people knew of the invention or even used it, before its patent application arrived on table.
2. Useful: The invention ought to provide some sort of benefit and it must be useful for a legitimate purpose.
3. Obvious: This is the subjective element of any patent application ? to determine if the invention was obvious to somebody in a similar field at the time when the invention was made.
Types of Patents
Patents are primarily of three types:
Utility Patents: Most of the patents filed are utility patents. These are aimed to protect processes, machines, articles of produce or matter composition. Generally the protection lasts for around two decades from the filing of the patent application.
Design Patents: Meant to protect ornamental designs of manufactured products. Although the design isn?t going to change the utility of the invention, the design, shape or other similar features will be protected by the patent. Designs patents are
good for a period of 14 years from the filing of an application.
Plant Patents: These patents are meant for protecting asexually produced plants and generally last for eight years.
If an inventor doesn?t want to protect his patent but instead wishes to keep it protected from misuse by others, he has to register with the proper authorities. While registration will protect an inventor?s right to use of the invention, it is advisable to consult with an intellectual property attorney forthwith before giving up patent rights with this kind of registration.
A preliminary patent is a filing that allows inventors to place a formal patent application within a year. A preliminary patent isn?t examined and can?t serve as patent application.
Harvard McIntosh is a freelance article author and legal expert with special interests Domain Lawyer, Dallas Trademark Attorney, and Domain Attorney.
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A Basic Introduction to Patent Law
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Source: http://www.theitchronicle.com/2012/12/04/a-basic-introduction-to-patent-law/
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