What is a patent?

A patent is an exclusive right granted to the creator/owner for their invention. Inventions are defined as technical solutions to existing problems. They can take the form of a process or a product that may either improve on already existing technology or introduce technology that is entirely new.

An example may be the introduction of a new type of pharmaceutical drug that has been developed to either treat or cure currently existing ailments and illnesses. Another example may be the creation/introduction of foldable LED screen technology that would withstand years of use.

What is the criteria for obtaining a patent?

  • Novelty- the invention should be new or not previously disclosed to the public.
  • Inventive step- the invention should be non-obvious to those of ordinary skill in the specific area of technology from which the invention was created
  • Industrial applicability- the invention should be able to be made or used

How long is a patent valid for?

A patent is granted once it has satisfied the three criteria previously stated and has been publicly published. A patent is typically valid for a period of 20 years from the date on which the patent application was made. The term of protection can vary in different jurisdictions.

Does a patent grant worldwide protection?

A patent is valid only in the country it has been granted in. An Application must be made in every country that the Applicant requires protection.

What are the rights of a patent owner?

The owner of a patent has the sole right to:

  • exploit (making, importing, selling the product);
  • sell or assign their rights to the invention; and
  • license the invention.

What are the benefits of owning a patent?

  • The patent owner is granted a monopoly in a particular market for a specified time period (usually 20 years)
  • Exclusive rights for a specified period allows the patent owner to recoup finances spent in R&D
  • A patent owner can benefit from a head start in the market
  • A patent provides recognition to the inventor
  • A patent can support and encourage future innovation

Who can own a Patent?

Typically, patent owners are individual inventors, innovative companies or universities.

Most Patents are created in the following industries:

  • Business
  • Pharmaceutical
  • Innovation
  • Chemical

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