Thursday 20 April 2017

Importance Of Adding Claims To A Patent

By Michael Collins


A patent is a right granted to a discoverer or an inventor by the government. The inventor is allowed to stop or prevent other people, for a certain period of time from using, making or selling the discovery or invention without his or her permission. Patents apply to improvements on processes or products as well as newly developed technology. Adding claims to a patent is one of the options available for one who feels that his or her rights have been infringed.

For one to become a holder, he or she must prove that he or she is the first individual to make the discovery known to other individuals. Any individual who may copy a discovery from another individual does not qualify to be granted with the rights. People who have experience or knowledge on the area which discovery has been made should confirm that indeed the invention is new and can be applied in a given industry.

Naturally occurring items and also laws of nature are not patentable. Fundamental truths, mathematical formulas, abstract principles and calculation methods are also not patentable. It is important that a process, which uses a certain principle, method or formula, can be patented provided that required procedures are followed. Unsafe drugs, inventions with no legal use, ideas and suggestions that are considered to be obvious are rarely patented.

Utility patent is one of the three categories of patent. This type is associated with new processes, chemicals and machines. Design patents are issued with intention of protecting appearance of a recently manufactured commodity or even design of a particular commodity. Plant patents are issued upon discovery of plant varieties, which are new.

A discoverer applying for these rights must show that indeed, his or her discovery is useful. Other than having beneficial use, it should be operable. A machine or facility that is not useful is one that cannot perform the intended purpose. Examples of items that are patentable include computer hardware and software, chemical processes and formulas, genetically engineered animals, bacteria and plants, medical devices, jewelry, drugs, furniture design and musical instruments.

Patents are not acquired automatically. One should not only make an application, but also follow the required procedure in the course of application. Rights and privileges are only issued if application is made at the right time (one year after the discovery is made public). Plant and even utility patents normally expire after twenty years. However, if the holder does not pay maintenance fee as required the patent may expire before twenty years are over.

Patent is a type of a reward issued to inventors. In case the government grants you with these kinds of rights you can easily sue anyone who may intend to either use or sell invention unlawfully. When a holder wins, he or she is compensated for the damages caused. Furthermore, he or she is paid back the amount spent when paying the attorney. These cases are generally costly and are time consuming.

A person who intends to have his or her discovery protected should research widely so as to have good understanding of intellectual property law. This will enable him or her to follow the required procedure from the start to the end. Seeking assistance a competent lawyer is important.




About the Author:



No comments:

Post a Comment