A patent is an intellectual home correct that provides the holder, not an operating proper, but a correct to prohibit the use by a third party of the patented invention, from a specific date and for a constrained duration (typically 20 years).
Some nations could at the time of registration problem a "provisional patent" and may grant a "grace period" of a single year which avoids the invalidity of the patent to an inventor who disclosed his invention prior to filing innovative products a patent in a non-confidential basis with the advantage of enabling rapid dissemination of technical information although reserving the industrial exploitation of the invention. Depending on the country, the initial "inventor" or the initial "filer" has priority to the patent.
The patent is legitimate only in a given territory. As a result, the patent stays nationwide. It is feasible to file a patent application for a certain nation (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of countries (with the EPO for 38 European nations, filing a PCT application for the 142 signatories of the Treaty). Thus, a patent application may cover numerous nations.
In return, the invention must be disclosed to the public. In practice, patents are immediately published 18 months after the priority date, that is to say, right after the initial filing, except in special instances.
To be patentable, apart from the truth that it have to be an "invention", an invention have to also meet three crucial criteria.
1. It need to be new, that is to say that absolutely nothing equivalent has ever been accessible to the public information, by any implies whatsoever (written, oral, use. ), and anywhere. It also need to not ideas for inventions match the content of a patent that was filed but not yet published.
2. It have to have inventive stage, that is to say, it can not be clear from the prior art.
3. It must have industrial application, that is to say, it can be utilized or manufactured in any kind of sector, including agriculture (excluding performs of artwork or crafts, for illustration).
When a organization believes that its competitors are unlikely to uncover 1 of its strategies in the course of the time period of coverage of any patent, or that the business would not be ready to detect infringement or enforce its rights, it can decide on not to file, which carries a threat and a benefit.
The danger: If a competitor finds the exact same procedure and obtains a patent on it, the firm may possibly be prohibited to use his personal invention ( the French law and American law vary on this level, one particular contemplating the proof at the date of discovery, and the other at the date of publication). French law also contains a so-named exception of "prior individual possession" for a individual who can show that the alleged invention was indeed infringed presently in its possession prior to the filing date of the patent application. In this kind of situation, operation would only be ready to proceed for that individual on the French territory.
The advantage: If there is no patent, the technique is not published and as a result the organization can anticipate to proceed operation in theory indefinitely (Even so in practice, an individual will most likely uncover the notion a single day, but the duration of protection might end up longer in total). This method of trade secret and therefore non- patenting new invention ideas is utilised in some instances by the chemical sector.