A patent is an intellectual residence appropriate that provides the holder, not an operating appropriate, but a proper to prohibit the use by a third celebration of the patented invention, from a certain date and for a constrained duration (typically 20 years).
Some countries might at the time of registration situation a "provisional patent" and may grant a "grace time period" of one yr which avoids the invalidity of the patent to an inventor who disclosed his invention just before filing a patent in a non-confidential basis with the benefit of enabling rapid dissemination of technical data while reserving the industrial exploitation of the invention. Dependent on the nation, the patents initial "inventor" or the initial "filer" has priority to the patent.
The patent is valid only in a given territory. Therefore, the patent remains national. It is attainable to file a patent application for a specific nation (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of nations (with the EPO for 38 European nations, filing a PCT application for the 142 signatories of the Treaty). As a result, a patent application may possibly cover several countries.
In return, the invention should be disclosed to the public. In practice, patents are instantly published 18 months soon after the priority date, that is to say, soon after the first filing, except in specific cases.
To be patentable, aside from the truth that it have to open innovation be an "invention", an invention should also meet three crucial criteria.
1. It need to be new, that is to say that nothing at all related has ever been available to the public information, by any means whatsoever (written, oral, use. ), and anywhere. It also must not match the material of a patent that was filed but not but published.
2. It have to have inventive stage, that is to say, it can't be apparent from the prior art.
3. It have to have industrial application, that is to say, it can be utilised or produced in any kind of industry, including agriculture (excluding works of art or crafts, for example).
When a firm believes that its competitors are unlikely to find out one particular of its secrets throughout the period of coverage of any patent, or that the business would not be capable to detect infringement or enforce its rights, it can decide on not to file, which carries a chance and a benefit.
The chance: If a competitor finds the exact same method and obtains a patent on it, the company could be prohibited to use his very patent inventions own invention ( the French law and American law vary on this level, 1 taking into consideration the proof at the date of discovery, and the other at the date of publication). French law also includes a so-known as exception of "prior individual possession" for a man or woman who can demonstrate that the alleged invention was certainly infringed previously 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 man or woman on the French territory.
The advantage: If there is no patent, the strategy is not published and therefore the company can expect to continue operation in concept indefinitely (However in practice, a person will almost certainly uncover the thought one day, but the duration of safety may possibly end up longer in total). This program of trade secret and for that reason non- patenting is utilised in some instances by the chemical business.