The first thing that one should know before the rights of the patentee is the meaning of patents itself. What is a patent? Well, it is a right which is granted exclusively for an invention. Such a right is granted for a process or a product i.e., which provides us with a new way of doing something, basically which has not been innovated before. A patentee shall disclose all the technicalities involved in making the specific product or process in public to get a patent.
Only the patent owner can authorize another person or parties to have an access or use the patented product. It is sole discretion to whether he wishes the patented product to be used or not. It can only be done when he agrees on mutual terms, for a consideration may be. The patentee may also sell his patent to another party for a consideration. And the party who bought the patent may become its owner. A patentee has the right to not to let others use his patented product until it expires. The patented product can be protected for a period of 20 years from the date of patent registration. Once the patent protection expires, anybody could commercially exploit the invention for whatsoever. And that wouldn’t be counted as an infringement.
It is very important to have a product invented to be patented It is because if you do n’t? the competitors may take advantage. They may exploit your invention in whatsoever manner without your permission and there is nothing you could do about it than to regret.
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).
- Could authorize by way of issuance of a license to use the particular product or property.
- May also assign the said property to any other person.
- Has the right to value his/her property at whatsoever value they may deem fit to, there are no kinds of restriction as such.
- Has the right to restrict; use, sale, offer to sell, import.
- 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.
Conditions For Filing The Application For Patent
It is generally not practically possible to compile a universally applicable list. Now there are some essential conditions that one must take care of, before filing an application for patent:-
- The invention must indicate or show a light upon the element of novelty i.e., its characteristics must not know in the body of the existing knowledge not even slightly.
- The invention must be such that a person with ordinary skills may not have deduced of producing the particular product or process in the particular technical field. It must be ‘non-obvious’ in nature and must involve an inventive step.
- The invention should be such that it could also have an industrial application as well. It must not be limited just to a theoretical phenomenon but shall be capable enough to be used for industrial and business purposes as well.
- The most significant condition for having the said product patented is to have a “subject matter”. Such a subject matter should be in accordance with law. Like there are many countries where some discoveries of natural substances or some rare varieties of plants or animals, or medical methods or even aesthetic creations are not considered to be patentable, so the patentee must make sure that it has a subject matter to get it patented without complications.
- The patentee must disclose all the details of the invention. Even the minute things that a person with basic or ordinary technical skills could easily replicate. The exact invention by just having a look at the details disclosed by the patentee.
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Who grants the patents?
Well, currently there is no universal or international system for the grants of the patent as such. But a patent is provided by the National Patent Office or a regional office that carries out the task of patenting the inventions.
Many patentees ask the general question whether one requires to get a patent through an agent or a patent attorney? The answer to this question is straight ‘NO’. One could file the application and necessary documents all by himself. Though a patent application and the patent documents involve the huge number of technicalities which may only be known by a person who has expertise in the particular field. A patent claim requires extraordinary drafting skills which sometimes a normal person may not possess of due to lack of knowledge in the particular, so it is highly recommendable for a patentee to seek legal assistance and support from an expert or attorney as it would save time and further hindrances that may arise out in the normal course.
The cost of getting a patent actually depends on the official prescribed fees which vary from country to country and region to region , and also the fees of the agents (some provide with cheap yet efficient services such as LegalRaasta etc), the length of the application, the objections that has been raised against the particular application. So the costs depend on the invention itself.
- Currently, there is no universal patent, so basically it cannot obtain worldwide. But if one wishes to seek for the protection of his invention in a certain number of countries then he may file an international application under the Patent Cooperation Treaty which administers by WIPO.
WIPO And Patents
WIPO has played a significant role with regards to the Patents. It helps to develop a balanced and efficient IP(Intellectual Property)system. WIPO plays a key part as the WIPO’s members basically collaborate in various sectors. It includes making its members agree on the treaties and conventions which underpins the IP system. It also makes the exchange of the global innovations and creativity as much as possible. Though WIPO doesn’t grant patents, such a grant could only be made through relevant national or regional patent office.
The patentee may also wonder as to how could one search for an invention that has already been patented? Well, it could be found out through the databases provided by the regional patent offices. In which they publish the patented invention for a charge or some even provide it free of cost. The WIPO’s database called as ‘Patentscope’ database provides with access to millions of the applications filed under the PCT. There are free publications provided by WIPO on its websites where one could gather more information regarding patent.