PATENT 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.”

 Biological Patents  Chemical Patents  Software Patents  Business method Patents

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.

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.

 S tandard Application  Provisional Application  Continuation Application  Divisional Applications

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

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

Patent applications are generally published 18 months after the earliest priority date of the application.

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.

GOVERNMENT LAWS 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 place To 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.