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What is a patent?

posted Sunday 4 of September 2011 by George [intellectual property]

ANSWER

A patent for an invention is the grant of a property right to the inventor, issued by a national or regional patent office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed or, in the case of continuation or divisional patent applications, from the date an earlier related application was filed, subject to the payment of maintenance fees. Patents grant an exclusive right in the jurisdiction over which the patent office that grants the patent controls. Under certain circumstances, patent term extensions or adjustments may be available.

Of course, exactly what a patent is depends on the country or region that grants the patent. Nevertheless, there is enough similarity in the global patent laws to allow us to take the United States as an example. In the US, the right conferred by the patent grant is "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the issuing patent office.

Tags: invention, patent, inventor, national, application, what
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When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner
Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation
After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim

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