Suggestions and Discussions about Patent Related Issues
admin
in Blog, Brand Valuation, India, Intellectual Property, IP Licensing, Patent, Patent Infringement, Patent Opposition, Pharma- Biotech- Patent Commercialisation
In this article we are going to clear certain doubts and find answers about patents and their related issues with Intellectual Property. Here, we are providing an open discussion forum where you can clear all your doubts about patents and patenting a new invention. If you are new to patents and its related issues, then you can certainly clarify any doubts you might have about legal patents. Therefore, we have prepared a questionnaire to eliminate all possible confusions:
Q1: Define the term “Patent”?
Patent is an exclusive monopoly that is granted by the government in various countries for an inventor over his invention for a defined time period. Patent is basically a legal document that covers new inventions and protects the idea of the inventors by operating various claims.
Q2: What types of inventions can be included for patenting?
The inventions that can be included must be of practical use; they must display the aspect of novelty, and have some attribute which is not known in the body of existing knowledge in the technical field. In many countries, the scientific theories, mathematical procedures, plant or animal invention types, discovering natural elements, commercial methods and the methods of medical treatment and software programs are not patentable.
Q3: Difference between patents and exclusivity?
Both patents and exclusivity work in the same way but are distinctively different from each other. Patents are authorized by the patent and trademark office anywhere in the development lifeline of the drug and comprises of wide range of claims.
Q4: What type of protection does a patent offer?
Patent protection refers to the inventions which cannot be created commercially, nor can be used, distributed or sold without the owner’s permission. If any individual or any organization wants to use that particular invention, then they may need to purchase the rights or pay royalty to the owner.
Q5: Who can access the rights of patents?
The inventor or the company accredited by the inventor can access the rights of patents.
Q6: How can a patent application get filed?
The inventor or the beneficiary can acquire the patent by filing an application in the patent office in designated forms as required by the act of that particular country.
Q7: Can an applicant get this right for any other individual inventions?
Of course, a person assigned by the inventor can easily acquire the rights for that invention. The original owner is the assigned person but the name of the inventor is present in the inventor’s column. If any person tries to claim the right for an invention without the knowledge of the inventor, then that will be termed as illegal.
Q8: How many inventors can jointly file a single application?
If it is invented by a group of people or a team, then they can certainly file a joint application for that particular invention.
Q9: Why are patent rights important for any inventor?
If an inventor does not avail his rights for his invention and introduces the product based on his invention in the market, then anyone can easily duplicate his invention and exploit the product commercially. The patent rights are important to debar other people from using or selling the product without the consent of the inventor. Therefore it is recommended to claim legal rights for the invention.
Q10: Who has the right to check the novelty feature of that invention?
An examiner of the country office checks the novelty feature of the application with the current state of art available at that time.
Basic questions about patents and patent related issues have been clarified in the above mentioned 10 questions. If you have more doubts about the same, please don’t hesitate to drop your queries in our comment box. We will respond shortly!