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More about Patent

This article had written in the type of question and answer format.

Question 1: What is Patent?

A Patent is an exclusive monopoly granted by the Government various countries to an inventor over his invention for limited period of time. It is one of the legal document
explains about the new invention used to protect the inventors idea using various claims.

Question 2: What is the difference between patents and exclusivity?

Patents and exclusivity work in a similar fashion but are distinctly different from one another. Patents are granted by the patent and trademark office anywhere along the development lifeline of a drug and can encompass a wide range of claims. Exclusivity is exclusive marketing rights granted by the FDA upon approval of a drug and can run concurrently with a patent or not. Exclusivity is a statutory provision and is granted to an NDA applicant if statutory requirements are met.

Question 3: What kinds of Inventions can be patented?

An invention must be of practical use; it must show an element of novelty, that is, some new characteristic that is not known in the body of existing knowledge in its technical field. In many countries, scientific theories, mathematical methods, plant or animal varieties invention, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) and software programs are generally not patentable.

Question 4: Who can obtain the Patent?

An inventor or company assigned by the inventor can obtain the patent over his/her invention.

Question 5: What kind of Protection does a Patent offer?

Patent protection
means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent/written permission. If any company/person wants to use that invention, they may need to buy that patent rights or to give royalty to that patent owner.

Question 6: How many inventors can joint together in a single patent application?

If the invention inventing by a group of people or a team means, they can joint together and make a patent application for that Patent as an inventors.

Question 7: Can a person get Patent for other person’s invention?

Yes, a person assigned by the inventor can obtain the patent for that inventor’s invention. Here the patent owner is that assigned person, but the inventor name only present in the Patent inventor’s column. If a person try to get a patent for an invention without the knowledge of inventor is illegal.

Question 8: How a patent is filed?

The inventor or his assignee obtains a patent by filing a patent application to the patent office in the stipulated forms as required by the Patent act of that country.

Question 9: Who checks the novelty features of the invention?

A patent examiner of patent office checks the novelty features of the patent application with the current state of the art available.

Question 10: Which invention qualifies for the grant of a patent?

A patent is granted only for the invention, which is new, non-obvious and has industrial applicability.

Question 11: Why an inventor should go for a patent?

If the inventor does not get the patent rights for his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially. To debar others from using, selling or working out his invention, the inventor must go for getting a patent.

Question 12: Why does the Government encourage filing of patents?

Innovation, research and development activities of the particular country place the important roll in the technological development, industrial and economical growth of that country. So that, the government is encouraging the innovation and filing of patents.


Question 13: When will the patent get expire?

A patent can expire in the following ways:

1. The patent...