patent Definition and Topics - 4 Discussions

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. A patent may include many claims, each of which defines a specific property right. These claims must meet various patentability requirements, which in the US include novelty, usefulness, and non-obviousness.Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years.

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  1. hagopbul

    Patenting a software

    Hello all: Are we able to file a patent application for a software ? Or we can only file it for an algorithm ? Like for example an encryption algorithms I have a family member wants to file one at the us patent office and I am trying to give some advice. Is it worth the time that we are...
  2. hagopbul

    About some information on research funding

    Hello all: I need to ask this rocky question, if you want some funding for a research project and you are outside academic sphere currently , how to get it ? Where to apply ? And how to find team member, considering the project is a short one ? What about patents ? Best H
  3. P

    I Invalidating a patent directed to physical laws

    I'm an attorney trying to invalidate a patent that I believe is directed to patent-ineligible subject matter. It's been an interesting exercise, and I'd love to hear other ideas/suggestions/etc. on how to approach it. At a high level, the patent claims certain structures with a certain...
  4. A

    Publishing a scientific discovery

    Let's say someone discovers something that can better the lives of everyone; where would they go to publish this discovery? Do they just patent/sell it or is there more to it?