A patent is an intellectual property correct that gives the holder, not an working proper, but a right to prohibit the use by a third party of the patented invention, from a specific date and for a restricted duration (typically 20 many years).
Some countries could at the time of registration situation a "provisional patent" and may possibly grant a "grace period" of one year which avoids the invalidity of the patent to an inventor who disclosed his invention ahead of filing a patent in a non-confidential basis with the advantage of permitting rapid dissemination of technical data although reserving the industrial exploitation of the invention. Based on the nation, the 1st "inventor" or the first "filer" has priority to the patent.
The patent is valid only in a offered territory. Hence, the patent stays nationwide. It is feasible to file a patent application for a specific country (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of nations (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). As a result, a patent application might cover a number of nations.
In return, the invention have to be disclosed to the public. In practice, patents are automatically published 18 months right after the priority date, that is to say, soon after the first filing, except in specific cases.
To be patentable, aside from the truth that it need to be an "invention", an invention have to also meet three crucial criteria.
1. It must be new, that is to say that nothing equivalent has ever been accessible to the public information, by any implies whatsoever (written, oral, use. ), and anyplace. It also need to not match the content material of a patent that patenting an idea was filed but not but published.
2. It need to have inventive step, that is to say, it cannot be clear from the prior artwork.
3. It need to have industrial application, that is to say, it can be utilized or produced in any sort of business, including agriculture (excluding operates of art or crafts, for example).
When a company believes that its rivals are unlikely to learn one of its secrets for the duration of the period of coverage of any patent, or that the organization would not be capable to detect infringement or enforce its rights, it can choose not to file, which carries a risk and a benefit.
The chance: If a competitor finds the very same approach and obtains a patent on it, the company might be prohibited to use his very own invention ( the French law and American law vary on this point, 1 contemplating the evidence at the date of discovery, and the other at the date of publication). French law also contains a so-called exception of "prior individual possession" for a man or woman who can demonstrate that the alleged invention inventions was indeed infringed previously in its possession prior to the filing date of the patent application. In such case, operation would only be capable to continue for that individual on the French territory.
The benefit: patent office If there is no patent, the strategy is not published and as a result the business can assume to carry on operation in concept indefinitely (Nevertheless in practice, a person will possibly find the notion a single day, but the duration of protection may finish up longer in total). This system of trade secret and for that reason non- patenting is used in some situations by the chemical sector.