24-07-2012, 11:14 AM
Fields of Intellectual Property Protection
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Introduction
A patent is a document, issued, upon application, by a government office (or a regional
office acting for several countries), which describes an invention and creates a legal situation in
which the patented invention can normally only be exploited (manufactured, used, sold, imported)
with the authorization of the owner of the patent. “Invention” means a solution to a specific
problem in the field of technology. An invention may relate to a product or a process. The
protection conferred by the patent is limited in time (generally 20 years).
In a number of countries, inventions are also protectable through registration under the
name of “utility model” or “short-term patent.” The requirements are somewhat less strict than
for patents, in particular in respect of inventive step, and in comparison with patents the fees are
lower, and the duration of protection is shorter, but otherwise the rights under the utility model or
short-term patent are similar.
Patents are frequently referred to as “monopolies”, but a patent does not give the right to
the inventor or the owner of a patented invention to make, use or sell anything. The effects of the
grant of a patent are that the patented invention may not be exploited in the country by persons
other than the owner of the patent unless the owner agrees to such exploitation. Thus, while the
owner is not given a statutory right to practice his invention, he is given a statutory right to prevent
others from commercially exploiting his invention, which is frequently referred to as a right to
exclude others from making, using or selling the invention. The right to take action against any
person exploiting the patented invention in the country without his agreement constitutes the
patent owner’s most important right, since it permits him to derive the material benefits to which
he is entitled as a reward for his intellectual effort and work, and compensation for the expenses
which his research and experimentation leading to the invention have entailed.
Conditions of Patentability
An invention must meet several criteria if it is to be eligible for patent protection. These
include, most significantly, that the invention must consist of patentable subject matter, the
invention must be industrially applicable (useful), it must be new (novel), it must exhibit a sufficient
“inventive step” (be non-obvious), and the disclosure of the invention in the patent application
must meet certain standards.
Drafting and Filing a Patent Application Identification of the Invention
The first task in drafting a patent application is the identification of the invention.
This involves:
- summarizing all the necessary features which in combination solve a particular technical
problem; and
- an examination of this combination to determine whether it would, according to one’s
own judgment, fulfill the requirements for patentability, especially inventive step.