This page lists patent related and frequently asked questions and answers
What is a patent?
A patent is a legal document which grants the inventor exclusivity over the rights of his invention in exchange for the inventor making his invention public.
What does a patent mean?
A patent gives protection, exclusivity, monopole, and legal protection to its owner for a limited time period.
How complete patent protection is?
A patent protects against manufacturing, selling, using, or distribution of an invention without the consent of the patent owner. The protection is enforced using the courts and legal system which is mandated to stop, by any means necessary, any violation of patent rights. On the other hand a patent does not allow its owner to violate the right of other patent owners on which his invention relays. For example. The inventor of a phone with touch buttons cannot create a phone until he gets the right to use that invention from the inventor of the phone.
What are the patent owner rights?
The patent owner has the right to decide who can use the protected invention. He has the right to sell the patent to any 3rd party which will become the new owner of the patent. As soon as the patent expires (usually after 20 years from the first date it was applied for), it belongs to the community and anyone can use it.
What does a patent include?
A patent includes: 1) A title, direct or indirect description of the invention. For example a broom can be simply titled a "Broom" or "Apparatus used to remove dry solid materials from the ground". 2) An abstract which is a short summery of the invention. 3) Description which is more detailed then the abstract and will include the field of invention, prior art - description of prior publications, and a detailed description of the invention so that an average professional will be able to clearly understand, create and use the invention. 4) Drawings is where pictures and schematics are added to support the description section. 5) Claims in which the inventor states his claims for protection.
Which inventions can be protected by Patents?
Patent protection is just one of the mechanisms available to protect IP rights. Patents protect inventions of products and processes (technological and business). There are two conditions which must be met by any invention so that patent protection will be relevant. Innovation and Inventiveness progress.
What is innovation?
Innovation means that the invention was never published in any of the databases, or medias available to the human kind globally. For example: if an inventor wants to protect his invention just one day after a convention took place on the other side of the planet in which the invention was described, then that person cannot receive patent protection for his invention.
What is inventiveness progress?
Inventiveness progress is defined as a progress that would not be trivial or automatically reached by an average professional aware of all prior publications in the field of the invention. Meaning that some "genius" was required by the inventor to reach the invention.
What is the patent office?
The patent office is the federal authority that approves patents for the country. Patents issued by the patent office are only valid inside the geographical borders of the issuing country.
What is an international patent (PCT)?
There is not international patent !!!.
Each country has its own patent office which approves the patents that bind the country. On the other hand there is a mechanism for Patent Cooperation Treaty (PCT) which examines patents and recommends in a none biding fashion to its member countries whether to approve or deny the patent. The recommendation of the PCT will be weighed in each member country as the local examiners determine if to approve or deny the patent application in their country.