PATENT PATENT Present By Hasan Qayyum Chohan.
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Transcript of PATENT PATENT Present By Hasan Qayyum Chohan.
PATENT
Present By
Hasan Qayyum Chohan
“ A patent is a set of exclusive rights granted by a state (national government) to an inventor their assignee for a limited period of time in
exchange for a public disclosure of an invention.”
PATENT
Biological Patents Chemical Patents Software Patents Business method Patents
Examples
Etymology
Patent is also described in a word “Etymology” ,
that means “to make availablefor public
inspection”.
HISTORY
In 500 B.C. , in the Greek city of Sybaris (Southern Italy) , “
encouragement was held out to all who should discover any new
refinement in luxury , the profits arising from which were secured to the
inventor by patent for a space of a year.
MODERN
“In 1474 , patent is originated in modern sense. The Republic of
Venice enacted a decree that new and inventive devices , once put into practice , had to be communicated to
the Republic to obtain the right to prevent others from using them.”
In 1623 , in England , King James I , which declared that patents could only be granted
for “projects of new invention”.
In 1791 , in France , patents were granted by monarchy for
publishing a description of new invention.
In 1790 , in USA , different states of America issued
patents to republic.
The following are the successive steps of the procedure for obtaining a patent
Filing the “Application”, accompanied by either a Provisional or a Complete Specification.
Filing the Complete Specification, if the Specification filed with the Application was a Provisional Specification.
Examination and Acceptance of application by the Patent Office.
Overcoming Opposition, if any, to the grant of patent.Sealing the patent.
Procedure for obtaining patent
A patent application is a request pending at a patent office for the grant of a patent for the invention
described and claimed by that application.
Patent Application
Standard ApplicationProvisional ApplicationContinuation ApplicationDivisional Applications
Types of application
The patent is requested by filing a written application to the patent office , which usually contains following agreements:
Description of invention / product Sufficient detail of skills of inventor Usefulness of invention Claim by the inventor Scope of invention
Application Process
After the application is processed , it is checked by legal office:
Checking of general information of invention
Checking the requirements of invention Objections may be omitted Payment of patent is granted Texes are issued to the invention
Prosecution
Patent applications are generally published 18 months after the
earliest priority date of the application.
Publication
EFFECTS
A patent is , in fact , a limited property right that the govt. offers to inventors to
exchange for their agreement to share the details of their inventions to the public. It
may be licensed , sold , mortgaged , assigned or transferred , given away , or
simply abandoned.
ENFORCEMENT
Patents can generally only be enforced through lawsuits (court). Civil courts take
judjment about patent and make it valid or not.
Now-a-days , patent rights are usually resolved through private licensing.These
licences are issued by legislation courts , so that , they get the patent rights.
OWNERSHIP
In most countries , both natural persons & corporate entities may apply for a patent. In
the United States only the inventor may apply for patent although it may be
assigned to a corporate entity.
GOVERNMENTLAWS
The grant and enforcement of patents are governed by national laws, and also by
international treaties, where those treaties have been given effect in national laws.
Patents are, therefore, territorial in nature.
RATIONAL
There are four primary incentives emboided in the patent system
To invent the first placeTo disclose the invention
once made
To invest the sums for marketing
To design ground for the improvement of invention
CRITICISM
Patents are criticized for being granted on already known
inventions. If criticized claims are true , then patent is called
invalid.