A patent is an intellectual home product launch right that gives the holder, not an operating right, but a right to prohibit the use by a third party of the innovative ideas patented invention, from a specified date and for a limited duration (normally twenty years).
Some countries could at the time of registration concern a "provisional patent" and might grant a "grace period" of a single 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention just before filing a patent in a non-confidential basis with the benefit of permitting speedy dissemination of technical details whilst reserving the industrial exploitation of the invention. Depending on the nation, the initial "inventor" or the 1st "filer" has priority to the patent.
The patent is valid only in a given territory. Thus, the patent remains national. It is possible to file a patent application for a certain nation (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of countries (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). As a result, a patent application could cover several countries.
In return, the invention must be disclosed to the public. In practice, patents are immediately published 18 months soon after the priority date, that is to say, following the first filing, except in unique situations.
To be patentable, apart from the truth that it need to be an "invention", an invention should also meet three crucial criteria.
1. It should be new, that is to say that nothing related has ever been accessible to the public knowledge, by any implies whatsoever (written, oral, use. ), and anywhere. It also need to not match the articles of a patent that was filed but not yet published.
2. It need to have inventive phase, that is to say, it cannot be evident from the prior art.
3. product development It must have industrial application, that is to say, it can be employed or manufactured in any kind of market, including agriculture (excluding functions of artwork or crafts, for example).
When a company believes that its rivals are unlikely to uncover a single of its tricks in the course of the period of coverage of any patent, or that the business would not be in a position to detect infringement or enforce its rights, it can choose not to file, which carries a danger and a advantage.
The danger: If a competitor finds the same process and obtains a patent on it, the firm may possibly be prohibited to use his personal invention ( the French law and American law vary on this point, a single contemplating the evidence at the date of discovery, and the other at the date of publication). French law also contains a so-called exception of "prior private possession" for a particular person who can prove that the alleged invention was without a doubt infringed previously in its possession prior to the filing date of the patent application. In such case, operation would only be able to continue for that particular person on the French territory.
The benefit: If there is no patent, the approach is not published and therefore the company can assume to carry on operation in concept indefinitely (However in practice, an individual will almost certainly find the notion 1 day, but the duration of protection may possibly end up longer in complete). This technique of trade secret and for that reason non- patenting is used in some circumstances by the chemical business.