Reasons Why Adding Claims To A Patent Is Important

الجمعة، 21 أبريل 2017

By Michael Collins


Rights given to an individual who has made a discovery are called patents. These rights help in protecting him or her from other people who may intend to either use or sell the invention without consent. Different types of patents expire after different period of time. They are granted only on certain products, newly developed technology and improvements on processes. Adding claims to a patent is possible as long as required procedure is followed.

For any invention to be patentable it should be new or it has never been made public anywhere else before the application is made. The facts should not be obvious to an individual with experience or good knowledge of the subject. The discovery should be capable of being used or applied in some type of industry.

Naturally occurring items and also laws of nature are not patentable. Fundamental truths, mathematical formulas, abstract principles and calculation methods are also not patentable. It is important that a process, which uses a certain principle, method or formula, can be patented provided that required procedures are followed. Unsafe drugs, inventions with no legal use, ideas and suggestions that are considered to be obvious are rarely patented.

Patents are categorized into three. Utility patents are mainly concerned with new machines, processes and chemicals. Design patents are usually issued so as to protect a particular appearance of a newly manufactured item or the design of a given commodity. An individual who discovers a new plant variety can be granted with plant patent.

Any person who makes a request to be granted with these types of rights must be willing and ready to show that the invention is useful and helpful. Most importantly, it must have a positive impact to other people other than the discoverer. Commonly patented items are plants and bacteria, musical instruments, chemical formulas together with processes, drugs, jewelry, furniture design and medical devices.

Patents do not come up automatically. Discoverers should make an application in order to be granted with the rights. One should make an application within one year of disclosing his or her invention. Discoverers are advised to search thoroughly so as to know whether his or her discovery is feasible or not. Every country has a department that receives the application and the fees. Plant and utility patents last for about twenty years from the day application is made as long as one pays the maintenance fees. When a patent expires, it becomes a public item and can be sold or used by any person.

Patent is a type of a reward issued to inventors. In case the government grants you with these kinds of rights you can easily sue anyone who may intend to either use or sell invention unlawfully. When a holder wins, he or she is compensated for the damages caused. Furthermore, he or she is paid back the amount spent when paying the attorney. These cases are generally costly and are time consuming.

A person who intends to have his or her discovery protected should research widely so as to have good understanding of intellectual property law. This will enable him or her to follow the required procedure from the start to the end. Seeking assistance a competent lawyer is important.




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