What is Patent: Definition and 68 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

    Asking for advice about filing for a patent on a new device

    Hello All : i uploaded some threads here asking about patent on engine modification , as i looked more in the discoveries , found out that it is already , discovered , but came up with another system to improve the energy efficiency (theoretical , experiment and a make shift prototype ) , now...
  2. hagopbul

    Can Physics Forums Help with Patent Infringement Issues?

    Hello : i created a thread here a few weeks ago about or better say related to patenting , i start after that to look up the process on the internet and meet some one online who had a very bad experience with US patenting system , he claims after he filed the patent , some companies like apple...
  3. hagopbul

    Software Patenting: Can You File a US Patent Application?

    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...
  4. 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
  5. W

    Mathematical Simulation of Patent. Very General

    Hi All, Sorry for the vagueness of the post; I promised privacy to a friend who just obtained a patent. She asked me to find a way of testing the product. Since I have no access of any sort to a lab, I am considering doing Mathematical simulations. I wonder if anyone knows about this and/or has...
  6. E

    What Career Paths Are Available for Graduates in Physics?

    Hi everyone! I've just signed up as I thought it would be very useful to hear from other people who are currently studying or have graduated and are thinking about career options. I recently graduated in physics from a Russell Group university in London and I am looking forward to what is next...
  7. Solomei

    Is the TR-3B Patent Legitimate?

    Hey, is this patent legit? Does anyone know anything more about this? The information I can found about the 'TR-3B' are from non reliable / verifiable sources << Unreliable Source Deleted by Mentors >>
  8. 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...
  9. J

    Pharma Patent Attorney: PhD Needed? Masters in Pharmacology, 2 Yrs Industry Exp

    I have a thesis Masters in Pharmacology (4 publications) with 2 years of industry experience ( Pfizer ). I am planning to get a JD degree. I read everywhere that a phd is needed for practicing as a patent attorney in biology field. Would I be marketable without a phd, considering my background...
  10. I

    Secure Patent Rights for DNA Codon Discovery

    If I have made a discovery relating to how certain codons in DNA behave, what could I do to make a patent/ get rights to my discovery? My discovery is not, but is similar to the discovery that AUG Is the start codon for a protein code. Ideas/Help?
  11. K

    What should people know about becoming a patent attorney?

    I have a few questions I am currently pursuing a degree in EE and want to attend Law school to become a Patent attorney. 1. What is the difference between IP law and Patent law? 2. You mentioned that it was hard to get a job in the field back in a post from 2012, have you noticed an increase...
  12. P

    Becoming a Patent Agent: Can I Do It With Only a Master's from Stanford?

    I have a Master's in Biology with 11 years of industry experience, I want to become a patent agent. How hard is it to break into the field of patent prosecution without a PhD? My Master's is from Stanford University.
  13. G

    Can I get a job in patent law with a physics degree?

    I am in my final year at university as undergraduate BSc student majoring in physics, and I am wanting to train in IP. I know about all the requirements and exams etc, my question is, am I at a loss compared to engineering students?
  14. 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?
  15. Futurestar33

    Citing a Patent: What Does It Mean?

    Good morning, I have a question related to patents for any of you that have one or own one. What does it mean for you if someone cites your patent in their patent? You don't really get anything except for a higher h-index when someone cites your paper, what would you get when someone cites...
  16. Blackberg

    Does anyone here have a patent?

    Either yourself, or with partners, or through your employment? If so, would you care to share how it came along and what's it about?
  17. N

    Being a patent attorney as an immigrant in america

    Hi.. thanks for visiting. Im thinking of moving to america and becoming a patent attorney specifically in california. To introduce myself briefly, I am a 26 korean guy and majored in electronic engineering just as a bachelor in my own country. And working for Hyundai now. Now seriously...
  18. neosoul

    Physics How Can Geophysics Skills Benefit a Career in Patent Law?

    How does being a geophysicist or geophysical engineer in particular tie into becoming a patent law? How could geophysics be useful when doing patents?
  19. Zaent

    Request: Ideas similar to patent attorney based on career path

    I'm a 1st year Physics student from the UK that's trying to get informed. After seeing the patent attorney thread, I did a little digging. Not sure how it works in other places, but in the UK you're required to have a degree in science (not a PhD, and as far as I'm aware, there's no requirement...
  20. J

    Is Sharing CAD files before you have a patent risky?

    I am making a prototype, all is ready, and the first frame of it will be made using foam and smaller moving parts using a 3d printer. Now I figured instead of cutting the foam myself I could use a CNC at a local "prototyping lab". But in order to do that I obviously have to give them all my CAD...
  21. Greg Bernhardt

    News U.S. Supreme Court Hears Monsanto Seed Patent Case

    http://www.huffingtonpost.com/2013/02/19/us-supreme-court-monsanto_n_2719335.html Bowman v. Monsanto Co. http://www.scotusblog.com/case-files/cases/bowman-v-monsanto-co/ High Plains Drifting: Wind-Blown Seeds and the Intellectual Property Implications of the GMO Revolution (written by my...
  22. deep838

    Get Recognition for Your Method: Should I Get a Patent?

    What should I do in order to get a recognition for a method I came up with? Should I get a patent? If yes, then how? If no, then what should I do to tell the world that I came up with the method?
  23. B

    Where Can I Find a Technical Guide to Patent Law for Engineers?

    Can anyone recommend me a good textbok on patent law for engineers? It should be geared toward the technical side (i.e. suited for the engineer) rather than for the patent attorney. In other words, it should be something of an engineer's guide to the design and drafting of patents. Appreciate...
  24. N

    Patent with technology not on the market yet.

    Hello, I was wondering if someone with patent experience could help me. Is it possible to submit a patent which uses technology which is still in the research phase? If so, how does this differ than one which utilizes technology already out there?
  25. T

    Continue with my AM PhD program or go into patent law?

    I'm beginning my second year in my PhD program. I had to fight very hard to make it to the second year, as my program condenses the normal two year masters sequence that would make up the beginning of other programs into one year. They were also very eager to cut students using prelims, so the...
  26. N

    Getting Help with Patent Funding for Climate Research

    Hello, Can you guys please tell me where do I can get help about my patent. I am a student and am unable to complete my EXPERIMENTS about climate research Cloud and storm I really need help to find a laboratory or a place to get my patent funded Thanks
  27. C

    Civil or Mechanical (also Patent Law)

    I'm a freshman in civil engineering currently and I am thinking about mechanical as a possibility. This is going to be a long post, but stick with me and I’d really appreciate it. (If not, skip down and read the last two paragraphs.) The reason I chose civil in the first place was that I...
  28. A

    Physics Would I qualify for a patent examiner position with a BA in physics?

    More generally, what kind of jobs can a person who has a BA in physics qualify for? Because I received average grades in college, I have been trying to apply for any job at this point (from IT entry level help desk jobs to laboratory assistant jobs , to admin office and processing assistant...
  29. L

    Hello, i found a patent in the internet where a device is

    hello, i found a patent in the internet where a device is presented in which a body is surrounded by water (especially if you scroll down on the 12th and 13th page in the document). www.google.com/patents/US7353554.pdf the author claims that the body is floating inside the device...
  30. B

    Anyone considering a career as a patent attorney?

    Hey folks, I'm Greg's sister. One career many scientists do not consider is becoming a patent attorney. I've been practicing as an intellectual property attorney for 6 years now. Does anyone have any questions regarding a career in patent law? I'd be more than happy to provide some insight.
  31. edpell

    What is the NASA Patent for Producing Heavy Electrons?

    Joseph M. Zawodny of NASA has applied for a US patent on "Method for Producing Heavy Electrons". The full text of the patent is available at the US Patent Office website. By heavy he means effectively heavy in the context of the metallic surface. I am not a condensed matter person. Can...
  32. W

    Patent attorney education background

    How do these guys do compared to the engineers? I was thinking of getting a degree in either biology, chemistry, chem eng, or mech. eng and going to law school after that, because I know science isn't my strongest, but if I work hard enough at it I can get through the material and pass the...
  33. T

    Can I Take the Patent Bar with a BSEE and Passed FE Exam?

    I have been thinking about taking the US Patent Bar to become a Patent Agent and possibly a Patent Attorney later down the road. I was looking at the requirements for one to be able to qualify to take the Patent Bar; the requirements are 1 of 3 things: 1) BS in Engineering or other related...
  34. D

    Is the Patent Office Being Reformed for Easier Idea-to-Product Process?

    I've had a few decent ideas over the years, mostly with respect to diving equipment, but the process of going from idea to product is daunting. Most of the hurdles involved the Patent Office. I'm glad to see change is afoot, but I'd like to know more about those changes...
  35. streeters

    Programs Who Owns Patents Resulting from PhD Work?

    What are different policies for patents derived from work done during a PhD? I know in Australia some unis (sydney, unsw, melbourne) give partial ownership, but in uk this is rare. What is it like in the us?
  36. C

    Is Gaining Work Experience in Patent Law Beneficial for an Engineering Career?

    I'm coming to the end of my chemistry degree (in the UK) and I've been looking into applying for jobs as a trainee patent attorney. I'm hoping that someone here can give me some valuable advice. Am I a suitable candidate? What's the competition like? - My degree is a BSc in Chemistry, this has...
  37. B

    Civil Engineering or Mechanical for Patent Attorney

    I am a junior currently pursuing a degree in Mechanical Engineering. Recently, I decided to pursue a law degree after completing my Bachelor's degree. I am currently considering a switch to Civil Engineering, but I am not sure if this is a good decision. Does anyone have advice for me? I...
  38. L

    Innovation and software patent

    why are so many people against software patents? why do they think that software patents are the barriers to innovation? what do you guys think?
  39. mugaliens

    Patent Protection vs Prevention - Where Falls the Line of Intellectual Property?

    This from another thread (according to PF's rules, the quoted part belongs in that thread, but the follow-on part belongs in its own, separate thread): So: mheslep, yours is a very good reminder that market economies will render whatever new technologies at least as expensive as any...
  40. Borek

    News Oracle vs Google: The Battle for Java Supremacy?

    Seems like nobody yet posted about it: http://www.bloomberg.com/news/2010-08-13/oracle-says-google-s-android-operating-system-infringes-its-java-patents.html In short - Oracle sues Google for patent infringements, but some see it as if it is not Google that is targeted, more like market...
  41. C

    Do You Need to Be a US Citizen to File a Patent in the US?

    does one have to be a us national to get a us patent? also could anyone enlighten me on what patent cooperation treaty is? thanx
  42. P

    Patent Lawyer Requirements & Science Backgrounds

    What exactly do patent lawyers do. I heard you need a strong science background so I was wondering. I know they give patents but why the science background. What are some good majors before law school are good for this and how much education in science is good before becoming a patent lawyer...
  43. D

    Frustration with patent system bureaucracy

    Hello I am independent amateur inventor and I've come up with some very practical and versatile consumer product designs. I am not after profit, but if some company finds my concepts attractive I surely wouldn't like to make a bunch of rich fellas richer. So I decided to spend some time...
  44. G

    Job Skills Is Detailing Specific Technologies Necessary on a Patent Agent Resume?

    Hey everybody, I was wondering if I can get a little help with a resume I'm writing. I've been working in the nuclear industry as a process control engineer for about 3 years now and am thinking of taking my career to Intellectual Property (Patent Agent). My experience is in computing...
  45. C

    Find a Patent Attorney Near Washington, DC & Baltimore, MD

    I know that the guy that used this user name not so long ago wrote some crazy stuff about invention process. I live in his house. Well. I am an aeronautical engineer and I was turned into a repairman because of the crisis. I am still considered an engineer but I fix things around the...
  46. Topher925

    The USPTO really will patent absolutely anything

    http://media.fukung.net/images/13471/5c63f4db815ec14d850c49ef1d5d10a1.jpg http://www.google.com/patents?vid=USPAT5443036 US Patent Number: 5,443,036
  47. E

    Creating a Device from Patent Info: Is it Legal?

    I have a device I need made, but I don't know if there is enough information in the patent to have an engineer create it. Here is a link to the device...
  48. C

    What is the best way to patent an idea?

    I recently had an idea which is revolutionary to car travel. I would like to actually produce a prototype and gain publicity/funding for the idea, but I don't want to do anything until I have ownership of the idea. There seem to be several options available, but since this is my first attempt I...
  49. M

    Why Do Patents Have Dependent Claims?

    I know that the interpretation of patent claims can be a complex art, but can you help me clarify some logic: Basically, if your design differs from someones independant patent claim, with the exclusion of one element, then it will not be infringing that patent. So if you don't infringe any...
  50. M

    US Patent: Impact on Using Similar Variants in the UK

    If there is a patent that exists in the USA on a machine for example, is there any legal implication of using a similar variant of that machine in the UK? If the patent only exists in the US, then what is stopping it being coppied and patented across europe? Surely this would prevent the...