Thursday, April 20, 2017

Benefits Of Adding Claims To A Patent

By Michael Collins


A patent is a right granted to a discoverer or an inventor by the government. The inventor is allowed to stop or prevent other people, for a certain period of time from using, making or selling the discovery or invention without his or her permission. Patents apply to improvements on processes or products as well as newly developed technology. Adding claims to a patent is one of the options available for one who feels that his or her rights have been infringed.

An invention that has ever been made somewhere else by another individual or a company and made public cannot be patented. This crystal clearly shows that only new discoveries qualify to be patented. The content of the invention should not be seen as obvious by people with either good knowledge or experience of the issues at hand. Only inventions that are useful or applicable in a particular industry are patentable.

Laws of nature together with items that occur naturally are rarely patented. Other things that do not qualify the rights are mathematical formulas, calculation methods, abstract principles and fundamental truths. A process that applies a given principle, formula or method may can be patented as long the needed procedure is followed to the letter. Unsafe drugs together with obvious suggestions and ideas are not patentable.

There are three main categories of patent. Utility patents are common and are granted to new chemicals, machines and processes. Design patents are given to protect a unique design or appearance of a manufactured object like the surface ornamentation or even the design of a particular commodity. Plant patents are concerned with discovery of new plant varieties.

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 are not acquired automatically. One should not only make an application, but also follow the required procedure in the course of application. Rights and privileges are only issued if application is made at the right time (one year after the discovery is made public). Plant and even utility patents normally expire after twenty years. However, if the holder does not pay maintenance fee as required the patent may expire before twenty years are over.

If you have invented a machine and you are a patent holder, you definitely have all the rights and powers to sue any individual you may find using or selling your discovery without your permission. For every case won, the patent holder is given back attorney fee, amount used as damages caused and an injunction. These types of cases are costly and time consuming.

If you have a discovery and you want to have it protected, it is important to do proper research in order to have proper understanding of intellectual property law and patent law. In case you intend to protect your novel invention, contact an experienced patent law attorney and he or she will provide you with legal assistance you may require.




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