Sunday, April 15, 2007

“The patent system has added the fuel of interest to fire of genius”

We all know that the people living in today’s world are selfish and hardhearted, people do tend to steal others creations and ideas when it comes to inventions. This is where inventors go for a patent when they come up with a new idea.

When it comes to inventions, obtaining a patent is most important. A patent is a grant by the government, of a monopoly to make, sell and use an invention over a period. The grant of patents for inventions is governed by the code of Intellectual Act, No. 52 of 1979 (PART III) and the regulations published in Gazette Extra ordinary No. 60/20 of 31.10.1979.

The grant of a patent does not guarantee that the patent will be of a commercial value to its owner, its value would depend on whether the invention is useful or has sufficient advantages over other processors. When the patent relates to a particular process no one else could possibly sell, use the product, without the consent of the owner of the patent.

An invention can be patentable if the idea is new and involves an innovative step which will be applicable for the use in the respected industry. An invention must be new having never been disclosed to the public. In addition of being a new concept, a patentable invention must involve an inventory step, which means that the invention would not have been obvious to a person having ordinary skills in the art.

Any person may make an application to a patent, but a patent may only be granted to the inventor himself, but a patent could be obtained, if the applicant is the legal representative of the inventor, if applicant is assigned of the inventor, if applicant is the owner of the invention which was made while the inventor was in the employment of the applicant or by the inventor in the performance of a contract for a execution of work.

An application for a grant of a patent should be made in a prescribed form indicating the title of the invention, the technical field, the background art, a description of the invention, a statement of the advantages effects, a brief description of the figures drawn, describing examples of the invention, a description in which the invention if industrially applicable and the claims in detail in order to obtain an patent.

There are certain inventions which are expressly excluded from patentability by the code. These include new animals, plant varieties, methods for the treatment of the human or animal body by surgery or therapy, discoveries of scientific theories and mathematical methods. Despite these inventions you could obtain a patent for a specific problem in the field of technology.

As Abraham Lincoln has stated “the patent system has added the fuel of interest to the fire of genius”.

1 comment:

sam said...

you man i did't know their was something like this was thier cool intresting