Check If Your Product Qualifies For File A Patent-Introduction
You often have a question in your mind that how to check if a product qualifies to file a patent. Inspiration can strike from anywhere and so can an idea. So, there can be an idea or an invention that is different from what exists in the world. It can be a ‘never seen before’ invention and there are chances that it makes waves throughout the world.
So, the first thing that strikes to the mind is “You should definitely patent that.” What does a patent really mean? In a nutshell, a patent prohibits others from making, using, offering for sale or selling an invention. For any investor, a patent can prove to be both, a sword and a shield. The inventor can use the patent to enjoy the fruits of his own invention and also it prohibits others from using the patent. It also ensures that no one else can file a patent and try to prohibit you from using the idea. Earlier, it was the first to invent who was given the right to file a patent but now it is the first to file who owns the right.
Rights Of Patentee
There are various rights conferred to a patentee some of which includes the below stated: –
- He/She (Patentee) may sell whole (or part) of the invention (patented).
- He/She (Patentee) could authorize by way of issuance of a license to use the particular product or property.
- He/She (Patentee) may also assign the said property to any other person.
- He/She (Patentee) has the right to value his/her property at whatsoever value they may deem fit to, there are no kinds of restriction as such.
- He/She (Patentee) has the right to restrict; use, sale, offer to sell, import.
- He/She (Patentee) may also enjoy the royalties that may arise from the particular invention.
*Note:- Patents are generally territorial in nature i.e., the patentee’s exclusive rights are applicable only to the territorial area where the application has been filed and granted with accordance to law.
Points For Product Qualifies For A Patent
The question now is how do you know that your idea is eligible for a patent or not. How do you know if your idea is worth the expense of filing for a patent? These are the points to know if your product qualifies for a patent.
- Determine that your idea is not a universal law, law of nature, physical phenomenon or an abstract idea. E.g. You can’t patent math or herbs as a new medicine.
- The idea must not be literary, dramatic, musical or artistic work. They can be copyright but not patented.
- The invention must be novel, non-obvious and adequately described.
- It should be claimed by the inventor in clear and definite terms.
- The inventions must not be offensive to public morality. It should be useful and shouldn’t hurt the sentiments of the people.
- The invention must be non-obvious – a surprising and significant development to a person having skill in the same technical field as your product.
- Only the inventor can apply for a patent registration. There are certain exceptions when someone other than the inventor can file a patent- if the inventor is dead, insane or refuses to file and is under contract to others.
- Your patent idea must not be previously patented. It should be significantly different from the already patented idea or product.
- You can only patent your idea if it falls into the category of patentable ideas. If it excludes from the list, then there is no benefit of applying for a patent.