Patents Registration

Patents Registration


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PATENTS

A patent is a form of intellectual property that gives the owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant. In other words Patent means protected by a government issued right allowing someone to make and sell a product or service for a certain amount of years without anyone being allowed to copy it.

Types of Patent:-

  • Utility Patent
  • Design Patent
  • Plant Patent

Utility Patent:- A utility patent is the most common type of patent that people seek. This type of patent covers processes, compositions of matter, machines, and manufactures that are new and useful. A utility patent can also be obtained for new and useful improvements to existing processes, compositions of matter, machines, and manufactures.

Design Patent:- A design is defined as the "surface ornamentation" of an object, which can include the shape or configuration of an object. In order to obtain this type of patent protection, the design must be inseparable from the object. While the object and its design must be inseparable, a design patent with only protect the object's appearance. In order to protect the functional or structural features of an object, a person must also file for a utility patent.

Plant Patent:- A plant patent can be obtained to protect new and distinctive plants. A few requirements to obtain this type of patent are that the plant is not a tuber propagated plant (i.e. an Irish potato), the plant is not found in an uncultivated state, and the plant can be asexually reproduced. Asexual reproduction means that instead of being reproduced with seed, the plant is reproduced by grafting or cutting the plant. Plant patents require asexual reproduction because it's proof that the patent applicant can reproduce the plant.

Features:-

  • Right to stop others from making or selling the invention without a patent owner’s consent - NOT a right to make or sell the invention
  • Only available for new inventions in a field of technology `
  • Need to fulfill conditions of patentability
  • Geographically limited under national patent laws but there are regional and international treaties
  • a patent can protect an invention for up to 20 years
  • Some limitations to the rights
  • Property rights in inventions may be sold or licensed