What is a Patent?
A patent is a legal or an exclusive right given to the holder to stop others from making, using and selling a novel and inventive inventions for a limited period of time. The patent protection is to be generally for a period of twenty years.
What kind of protection do patents offer?
The patentee has the exclusive right to stop others from exploiting the patented invention commercially. That is to say, the invention cannot be made, used, distributed, sold or distributed by others without the patentee’s consent. Even, a court can also declare an invalidation of patent based on a challenge made by a third party.
What rights do patent owners have?
A patent owner has the right to decide who may – or may not – use the patented invention for the period during which it is protected. Patent owners may give permission to, or license, other parties to use their inventions on mutually agreed terms. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent. Once a patent expires, protection ends and the invention enters the public domain. This is also known as becoming off patent, meaning the owner no longer holds exclusive rights to the invention, and it becomes available for commercial exploitation by others.
What kinds of inventions can be protected?
In general, an invention should fulfill three cineraria to obtain the patent namely, it must be “novel”, having an “inventive step” and should have “industrial applicability”.
Who grants patents?
Each Country is having the patent office to grant a patent to that respective country. The patent protection is limited to territorial jurisdiction and if the inventor’s would like to protect his/her invention outside the country, there are international arrangements that are binding under international treaties. Name of the national patent offices, for example, the European Patent Office (EPO), United States Patent and Trademark Office (USPTO), Indian Patent Office|(IPO) and the African Intellectual Property Organization (OAPI), etc.
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