Patenting FAQ
- What is a patent?
- Why do patents exist?
- What are the criteria for granting a patent?
- When is a patent search recommended?
- What is a priority date?
- What is a provisional application?
- What is an international application?
A patent is an agreement between an inventor and a country, which permits the patent owner to exclude others from making, using or selling a claimed invention.
The exclusivity given by a patent is limited in time (generally 15 to 25 years from filing or grant). It is also limited territorially to the country or countries concerned.
Why do patents exist?Patents exist in order to encourage inventors to publicize & reveal their secrets and inventions. Industrial exclusivity helps push technology forward.
What are the criteria for granting a patent?
A patent is granted to an invention if it meets the following criteria:
• Novelty
• Inventive Step
• Usefulness
• Industrial applicability
An invention must be novel in order to qualify for a patent. In extreme cases, a patent grant may be threatened even by futuristic technology which was presented with sufficient detail in a James Bond movie...
It is highly recommended to verify that an invention is indeed new by searching for related patents, products, technical articles and research publications.
Another reason to conduct a fully qualified search is in cases where an entrepreneur is about to enter the market with a new product, to check whether he is not violating others' patents.
A priority date is the first date an invention was described in a patent application that was filed.
The priority date is used to determine which prior art can be cited against a patent application.
It may also determine who filed a patent application first in case two parties claim novelty over a single invention.
A provisional application is a document that describes the invention and may be filed in the US at reduced rates to enable inventors to receive a priority date.
If the inventor wants to file a patent application using the priority date of the provisional, the patent application must be filed within 12 months of filing the provisional.
If the inventor decides not to file a full patent application the provisional application is not published and the invention can remain secret.
A Patent Cooperation Treaty application (PCT) enables applicants to file their invention with an international authority, and receive an extension of up to 30 months from the priority datebefore having to apply for patents separately in many different countries, – giving the inventor additional time to raise investment funds.
The process of filing a PCT application includes an expert examination conducted by a PCT search authority, which can give a clearer indication to whether the invention meets patenting criteria.