jeudi 20 avril 2017

Importance Of Adding Claims To A Patent

By Michael Collins


A patent is a right granted to a discoverer or an inventor by the government. The inventor is allowed to stop or prevent other people, for a certain period of time from using, making or selling the discovery or invention without his or her permission. Patents apply to improvements on processes or products as well as newly developed technology. Adding claims to a patent is one of the options available for one who feels that his or her rights have been infringed.

For one to become a holder, he or she must prove that he or she is the first individual to make the discovery known to other individuals. Any individual who may copy a discovery from another individual does not qualify to be granted with the rights. People who have experience or knowledge on the area which discovery has been made should confirm that indeed the invention is new and can be applied in a given industry.

Naturally occurring items and also laws of nature are not patentable. Fundamental truths, mathematical formulas, abstract principles and calculation methods are also not patentable. It is important that a process, which uses a certain principle, method or formula, can be patented provided that required procedures are followed. Unsafe drugs, inventions with no legal use, ideas and suggestions that are considered to be obvious are rarely patented.

Patents are categorized into three. Utility patents are mainly concerned with new machines, processes and chemicals. Design patents are usually issued so as to protect a particular appearance of a newly manufactured item or the design of a given commodity. An individual who discovers a new plant variety can be granted with plant patent.

Any person who makes a request to be granted with these types of rights must be willing and ready to show that the invention is useful and helpful. Most importantly, it must have a positive impact to other people other than the discoverer. Commonly patented items are plants and bacteria, musical instruments, chemical formulas together with processes, drugs, jewelry, furniture design and medical devices.

Patents do not come up automatically. Discoverers should make an application in order to be granted with the rights. One should make an application within one year of disclosing his or her invention. Discoverers are advised to search thoroughly so as to know whether his or her discovery is feasible or not. Every country has a department that receives the application and the fees. Plant and utility patents last for about twenty years from the day application is made as long as one pays the maintenance fees. When a patent expires, it becomes a public item and can be sold or used by any person.

Patent is a type of a reward issued to inventors. In case the government grants you with these kinds of rights you can easily sue anyone who may intend to either use or sell invention unlawfully. When a holder wins, he or she is compensated for the damages caused. Furthermore, he or she is paid back the amount spent when paying the attorney. These cases are generally costly and are time consuming.

If you have a discovery and you want to have it protected, it is important to do proper research in order to have proper understanding of intellectual property law and patent law. In case you intend to protect your novel invention, contact an experienced patent law attorney and he or she will provide you with legal assistance you may require.




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