Patent Protection

What is a Patent Protection?

Intellectual property is the by-product of the intellect of an individual. Patents are a sub-part of Intellectual property which caters technological innovative advancements. The patents essentially protect the technological and scientific possessions. Any creation which is associated with a new technology and resembles uniqueness and novelty to the world comes under the patent protection. An example of a creation or idea can be a new technology or a new application which helps in providing an absolutely new and innovative way of recording notes by using the technology or the application on any portable communication device such as smartphone desktop, laptops and tablets. The new technology overcomes the drawbacks of an already existing technology employed for the same purpose.

The Indian Patent Office defines a patent as “A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes. The purpose of this system is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology.”

Irish Patent Office states “A patent confers upon its holder, for a limited period, the right to exclude others from exploiting (making, using, selling, importing) the patented invention, except with the consent of the owner of the patent.” A Patent is a right granted to the owner of the patent to stop others from making, using or selling the invention that is the subject of the patent. A Patent is a monopoly right granted to a person who has invented a new and useful article or an improvement of an existing article or a new process of making an article.

A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. It can also be defined a “Limited legal monopoly granted to an individual or firm to make, use, and sell its invention, and to exclude others from doing so.” The state authority gives the ownership and rights related to that certain idea/invention to the owner or assignee. That person has the whole authority over that idea/invention which cannot be violated or infringed by any other party.

The patent registration process is lengthy and time-consuming. An individual can seek patent protection from an Intellectual Property office. Each country has one or more IP offices for granting patents to the citizens. The Intellectual property offices strictly follow a set of rules defined under the Patent Law. A patent is granted to an inventor based on a set of legal rules defined by the authorities of each country. The invention must satisfy a pre-defined set of rules in order to be considered for further processing in the Intellectual Property office.

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