| Patent – Discussion and Suggestions | | | | challenged by an opponent by filing an opposition |
| This is the article contains some valuable doubts | | | | either in the patent office or in the courts. |
| and answers for those doubts about Patent and | | | | Question 14: What is the different between a |
| related with Intellectual Properties. This article | | | | Country issuing patents and WIPO? |
| looks like the open discussion about the Patent | | | | World Intellect Property Organization (WIPO) is a |
| and patenting the new invention. If you are a | | | | specialized agency of the United Nations. The |
| person, new to the Patents or other then the | | | | patents issued by WIPO are agreed by so many |
| patent related professional, here you can clear | | | | nations who are all the member of this |
| your all most possible doubts about legal Patents. | | | | organization. But the patent granted by a country |
| This article had written in the type of question | | | | patent office is applicable within the geographical |
| and answer format. | | | | boundaries of that country only like a US Patent is |
| Question 1: What is Patent? | | | | applicable within USA only and has no effect in |
| A Patent is an exclusive monopoly granted by the | | | | other countries. |
| Government various countries to an inventor | | | | Question 15: Is there any International/Global |
| over his invention for limited period of time. It is | | | | patent office? |
| one of the legal document explains about the new | | | | No. There is no International or Global Patent. An |
| invention used to protect the inventors idea using | | | | inventor has to file an application in each country, |
| various claims. | | | | where he seeks to protect his invention. |
| Question 2: What is the difference between | | | | Question 16: Is there any International/Global law |
| patents and exclusivity? | | | | for patent? |
| Patents and exclusivity work in a similar fashion | | | | The Patent Cooperation Treaty (PCT) is an |
| but are distinctly different from one another. | | | | international patent law treaty, concluded in 1970. |
| Patents are granted by the patent and trademark | | | | It provides a unified procedure for filing patent |
| office anywhere along the development lifeline of | | | | applications to protect inventions in each of its |
| a drug and can encompass a wide range of | | | | Contracting nations. But some countries and |
| claims. Exclusivity is exclusive marketing rights | | | | organizations only accepted this patent law for |
| granted by the FDA upon approval of a drug and | | | | their invention patenting procedures. |
| can run concurrently with a patent or not. | | | | The Patent Law Treaty (PLT) is a patent law |
| Exclusivity is a statutory provision and is granted | | | | multilateral treaty concluded on June 1, 2000 in |
| to an NDA applicant if statutory requirements are | | | | Geneva, Switzerland, by 53 States and one |
| met. | | | | intergovernmental organization, the European |
| Question 3: What kinds of Inventions can be | | | | Patent Organization. Its aim is to harmonize formal |
| patented? | | | | procedures such as the requirements to obtain a |
| An invention must be of practical use; it must | | | | filing date for a patent application, the form and |
| show an element of novelty, that is, some new | | | | content of a patent application, and |
| characteristic that is not known in the body of | | | | representation. |
| existing knowledge in its technical field. In many | | | | The Substantive Patent Law Treaty (SPLT) is a |
| countries, scientific theories, mathematical | | | | proposed international patent law treaty aimed at |
| methods, plant or animal varieties invention, | | | | harmonizing substantive points of patent law. In |
| discoveries of natural substances, commercial | | | | contrast with the Patent Law Treaty (PLT), |
| methods, methods for medical treatment (as | | | | signed in 2000 and now in force, which only |
| opposed to medical products) and software | | | | relates to formalities, the SPLT aims at going far |
| programs are generally not patentable. | | | | beyond formalities to harmonize substantive |
| Question 4: Who can obtain the Patent? | | | | requirements such as novelty, innovation and |
| An inventor or company assigned by the inventor | | | | non-obviousness, industrial applicability and utility, |
| can obtain the patent over his/her invention. | | | | as well as sufficient disclosure, unity of invention, |
| Question 5: What kind of Protection does a Patent | | | | or claim drafting and interpretation. |
| offer? | | | | Question 17: Can a person get a patent for his |
| Patent protection means that the invention cannot | | | | invention, which has already published in the |
| be commercially made, used, distributed or sold | | | | National/International journal? |
| without the patent owner's consent/written | | | | No. A patent is not granted to an invention if it is |
| permission. If any company/person wants to use | | | | already available with the public either in the form |
| that invention, they may need to buy that patent | | | | product/literature/common knowledge. But many |
| rights or to give royalty to that patent owner. | | | | countries have some limitations like if the inventor |
| Question 6: How many inventors can joint | | | | publish his invention and put patent application |
| together in a single patent application? | | | | within that year is acceptable. But this time limit |
| If the invention inventing by a group of people or | | | | may vary depends on each country. US time limit |
| a team means, they can joint together and make | | | | is within that publishing year; the inventor can |
| a patent application for that Patent as an | | | | apply for patent on his invention. |
| inventors. | | | | Question 18: Who is responsible to ensure that |
| Question 7: Can a person get Patent for other | | | | the patent has not been infringed? |
| person’s invention? | | | | It is the only responsibility of the patentee to see |
| Yes, a person assigned by the inventor can obtain | | | | that someone else is not infringing upon his patent. |
| the patent for that inventor’s invention. Here | | | | So the prior art searches and previous patent |
| the patent owner is that assigned person, but the | | | | analysis is important for every inventor and |
| inventor name only present in the Patent | | | | patent attorneys to make their invention be a |
| inventor’s column. If a person try to get a | | | | unique. |
| patent for an invention without the knowledge of | | | | Question 19: Does a Patentee get money once a |
| inventor is illegal. | | | | patent has been granted to him/her? |
| Question 8: How a patent is filed? | | | | No. A patentee does not get any kind of money |
| The inventor or his assignee obtains a patent by | | | | over the grant of the patent. The Patent issuing |
| filing a patent application to the patent office in | | | | government/granting authority will not give any |
| the stipulated forms as required by the Patent | | | | money to the patentee. Rather the inventor has |
| act of that country. | | | | to spend lot of money to get the patent rights |
| Question 9: Who checks the novelty features of | | | | over his/her invention and also to spend some |
| the invention? | | | | money to maintain that patent. |
| A patent examiner of patent office checks the | | | | Question 20: Does a Patentee sell his patent to |
| novelty features of the patent application with the | | | | any person/company? |
| current state of the art available. | | | | The patentee has all the rights to sell his invention |
| Question 10: Which invention qualifies for the grant | | | | exclusively and/or non-exclusively to any person |
| of a patent? | | | | party/company or he may choose to sell his |
| A patent is granted only for the invention, which | | | | invention for a royalty. |
| is new, non-obvious and has industrial applicability. | | | | Question 21: Is any rule, only the Patent attorneys |
| Question 11: Why an inventor should go for a | | | | do the patent draft? |
| patent? | | | | No, the inventor himself can draft the application. |
| If the inventor does not get the patent rights for | | | | But that application should be in the acceptable |
| his invention and introduce his product/process | | | | format of the particular patent issuing country |
| based on his invention in the market, any body | | | | organization. A look on the closely related patent |
| can copy his invention and exploits it commercially. | | | | applications already filed/granted, will render help |
| To debar others from using, selling or working out | | | | to a great extent. |
| his invention, the inventor must go for getting a | | | | Questions 22: How would you know about your |
| patent. | | | | patent application status? |
| Question 12: Why does the Government | | | | The Patent Office will answer an applicant’s |
| encourage filing of patents? | | | | inquiries about the status of the application, and |
| Innovation, research and development activities of | | | | inform you whether your application has been |
| the particular country place the important roll in | | | | rejected, allowed, or are awaiting action by an |
| the technological development, industrial and | | | | e-mail/direct letter. |
| economical growth of that country. So that, the | | | | Questions 23: Is the Patent office assist the |
| government is encouraging the innovation and filing | | | | inventors for developing and marketing of their |
| of patents. | | | | patents? |
| | | | | No. The Office cannot act or advise concerning |
| Question 13: When will the patent get expire? | | | | the business transactions or arrangements that |
| A patent can expire in the following ways: | | | | are involved in the development and marketing of |
| 1. The patent has lived its full term i.e. the term | | | | an invention. The Office, however, will publish for |
| specified by the patent act of the country. | | | | a fee, at the request of a patent owner, a notice |
| Generally it is 20 years from the date of filing. | | | | in the Official Gazette and site that the patent is |
| 2. The patentee has failed to pay the renewal fee. | | | | available for licensing or sale. |
| A patent once granted by the Government has | | | | Question 24: Which are the main sources for |
| to be maintained by paying annual renewal fee. | | | | patent information? |
| 3. The validity of the patent has been successfully | | | | |