Topic 2: Patent

Patents - inventionsof products, processes, formulas and plants.

Questions under Review What is a Patent? What does a Patent do? What kind of protection does a patent offer? What rights does a patent owner have? Why are patents necessary? What role do patents play in everyday life? How is a patent granted? What kinds of inventions can be protected? Who grants patents? How can a patent be obtained worldwide? Where can I find patent information? How can I find patent laws of various countries? Can I obtain a patent on my software-related invention? Can I discuss details of my invention with a potential investor

before filing a patent application?

Patent (Basic Definition) A patent is an exclusive right granted for an invention,

which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions (please see the answer to the question below "what kinds of inventions can be patented?").

A patent is a governmental declaration that an invention or process is new or innovative enough to grant an exclusive right to manufacture, sell or otherwise use the invention for a set period of time. A patent may be issued for a variety of inventions - pharmaceuticals, technology, a methodology for software or a new distinctive product.

Types of Patents Utility Patent - any new and useful method,

process, machine, device, manufactured item, chemical compound or plant. 

Design Patent - new, original or ornamental design for an article of manufacture granted to protect the appearance rather than the function of a product.

Plant Patent - the invention or discovery of a plant variety that can be asexually reproduced.

Short History of PatentsIn Europe

MEDIEVAL TIMES: Exclusive rights granted by a king to raise

money without taxes. Grants had a relation to innovations: Mining; production of certain textiles etc., etc. Exclusive rights granted by the king to raise

money without taxes. Grants had a relation to innovations - mining, production of certain textiles, etc.

Short History of Patents FIRST LAW: Venice in 1474 - exclusive rights for

limited periods to the makers of inventions (because of a long war with the Turks, Venice had lost most of its trading empire and had to refocus its economy on manufacturing - rather than trade.

ENGLAND: 1624 the English Parliament passed a statute making monopoly grants only for inventions; for limited periods (14 years - the duration of two training periods for craft apprentices); only for "manners of new manufacture."

FRANCE: 1791 law stated "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shal be delivered to him a patent for five, ten or fifteen years".

Short History - PatentsIn the United States

FIRST US PATENT ACT: 1790 An Act to Promote the Progress of Useful Arts

Any two (the Secretary of State, the Secretary of War, the Attorney General) empowered to grant patents for terms of up to 14 years for inventions that were "sufficiently useful and important" if the grantee submitted a specification describing the invention (and where appropriate a model thereof) to the Secretary of State at the time of the grant.

International Patent Agreement

PATENT COOPERATION TREATY: Originally 1970; amended 1979,1984 and 2001.

EUROPEAN PATENT OFFICE: came into existence in 1977. EURASIAN PATENT CONVENTION: January 1, 1996.

Good-bye!

And remember about the good of patents!!!!