PATENT
Patent Overview
A patent is an exclusive right granted by the government to an inventor for their industrial product or process, provided the invention meets the patentability criteria defined by national law. These criteria typically include novelty, non-obviousness, and utility.
Patentee
A Person to whom the Patent is granted.
Basic Patentability Criteria:
- Novelty: The invention must be new, meaning it must not have been publicly disclosed or exist in any form before the filing of the patent application.
- Non-obviousness: The invention must be a significant advancement over prior knowledge and not simply a trivial modification of existing technology.
- Utility: The invention must have practical utility, meaning it should serve a legitimate purpose and not be used for illegal activities.
Who Can Apply for a Patent?
A patent application can be filed by:
- The true and first inventor, or their assignee (i.e., a person or entity to whom the rights have been transferred).
- Applications can be filed individually or jointly.
- In the case of a deceased inventor, their legal representative can also file the application.
Documents Required For Filing a Patent
- Declaration of Inventorship: A statement identifying the inventor(s).
- Statement and Undertaking: Confirmation of the patent’s originality and the inventor’s right to apply.
- Proof of Right to File: Evidence showing the applicant’s entitlement to file the patent.
- Authorization of Agent: If a patent attorney or agent is filing on behalf of the applicant, authorization is required.
Types of Patent Applications
- Ordinary Application: Can be filed with either a provisional or complete specification.
- Provisional Specification: A temporary description of the invention, allowing the applicant to secure a filing date while providing more time to complete the detailed specifications.
- Complete Specification: A detailed description of the invention, including claims defining the scope of the patent.
- Convention Application: A patent application filed in a country that is a member of the Paris Convention, claiming priority from an earlier filed application in another country.
- PCT International Application: A request to file in multiple countries under the Patent Cooperation Treaty (PCT).
- PCT National Phase Application: A phase following an international PCT application where the applicant enters the national phase in individual countries.
- Patent of Addition: Filed for improvements or modifications to an existing patented invention.
- Divisional Application: A new application resulting from a division of an earlier application, typically when the original application covers more than one invention.
Patent Validity
A patent is granted for a term of 20 years from the filing date of the application. This term cannot be extended, and the patent owner must pay annual maintenance fees to keep the patent in force.
