|
Home::All
How to Patent Your Invention
Author : Neil Armand
A patent is a government granted right that allows the inventor to exclude anyone else from making, using or selling the invention in the country that issued the patent. The government grants this right to help encourage inventors to spend the time, money and effort to invent new products, technologies and the like. In the United States, the term of a new patent is 20 years from the date on which the application for the patent was filed or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. When a patent expires, the invention enters the "public domain" allowing anyone to make, use or sell the invention without needing the permission or paying any royalty to the inventor. The government requires patents to expire because otherwise one person can control an entire industry if that person was the first to conceive of a type of product. The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent for an invention may be obtained. Any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,” or “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent. If the invention had been described in a printed publication anywhere in the world, or if it has been in public use or on sale in this country before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention had been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained. In this connection it is immaterial when the invention had been made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent for an invention will be lost. The inventor must file on the date of public use or disclosure, however, in order to preserve patent rights in many foreign countries. According to the law, only the inventor may apply for a patent for his or her invention, with certain exceptions. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent for an invention may be made by a guardian. If an inventor refuses to apply for a patent for his or her inventions, or cannot be found, a joint inventor or, if there is no joint inventor available, a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor. If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes only a financial contribution for the invention is not a joint inventor and cannot be joined in the application as an inventor. Additional information on how to patent an invention is available at http://www.newideatrade.com. About The Author Neil Armand
Intellectual Property Professional
Global Commerce & Communication
Telephone: 320-250-0950
Fax: 320-230-1096 Email: globalcomm@astound.net
URL: http://www.gcchq.com Spam emails More free articles Related articles
|
More related feeds |
Getting Your Inventions Patented and Sold
You can’t patent an idea or theory, however unique. What Kellen needs is some sort of specific process, technique, or device (or at least workable plans) that aim to do the job his invention is meant to do. ...Getting A Patent Or Keeping A Secret
The wise move is to understand Patent Information and get your invention protected. You could simply try to keep your idea under wraps and a secret, but it will only take one really clever person to figure out exactly what your secret ... A Guide to Protecting Inventions
The first step to protecting your invention is typically to do a patent search to determine if there are other inventions that could pose a problem for you insofar as obtaining a patent. Assuming you have obtained a competent patent ... Innovation in Your Business
This type of patent allows you to register quickly and unlike standard patents, you only need to have it examined when you need to stop others from copying your invention. Please be aware that until your patent has been examined and ... Confidentiality After Filing a Patent
Back to the question at hand regarding the need for a confidentiality agreement post filing of a patent application. It is important to understand that no exclusive rights will attach to your invention unless and until a patent is ... I've Got an idea :: RE: Next Contest - Build the Clarke Elevator
But your idea is an equilibrium condition where a free-standing elevator can be constructed. Brilliant! You definitely want to patent this if you think it is original. Write out your idea and pay $80 dollars for a provisional patent. ... Copyrights, Trademarks And Patents Understanding Intellectual Property
You will have to pay thousands of dollars to patent your idea and it will take a minimum of 2 years (probably more) before you are granted a patent. Also, your precious invention will no longer remain a secret since your patent ... Protecting Your Invention Ideas
If you simply cannot patent your invention ideas on your own, you can turn to a reputable company, but you should really see to it on your own first. Whatever the case, you still have to keep your eyes open and protect your ideas for ... Invention Patent Protection and Marketing System Review Blog
This system will take you by the hand and show you step-by-step how to: 1) protect your invention from ‘thieves’ by locking in ‘patent pending’; 2) make BIG money by manufacturing products, licensing, or selling your invention. ... Demystifying IP/Patent Process for Startups
What is the value of your invention? Check your business model; Estimate the size of the market affected by the invention; Contemplate costs of the patent application and patent and compare them to the estimated revenue of product ...
|
|
|
