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Encyclopedia > Patent
Intellectual property law
Primary rights
Sui generis rights
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A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention. A patent is an intellectual property right covering an invention. ... For the 2006 film, see Intellectual Property (film). ... Image File history File links Scale_of_justice_2. ... Not to be confused with copywriting. ... “(TM)” redirects here. ... Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... A utility model is an intellectual property right to protect inventions. ... A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. ... Related rights is a term in copyright law, used in opposition to the term authors rights. The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins. ... A trade name, also known as a trading name or a business name, is the legal name of a business, or the name which a business trades under for commercial purposes. ... The term domain name has multiple related meanings: A name that identifies a computer or computers on the Internet. ... Sui generis is a (post) Latin expression, literally meaning a scholar like what pradeep is or unique in its characteristics. ... Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1996. ... A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ... Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ... In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ... Indigenous intellectual property: is an umbrella legal term used in national and international forums to identify indigenous peoples special rights to claim (from within their own laws) all that their indigenous groups know now, have known, or will know. ... This is a list of topics related to intellectual property. ... In law, an exclusive right is the power or right to perform an action in relation to an object or other thing which others cannnot perform. ... For other uses, see State (disambiguation). ... The term of a patent is the maximum period during which it can be maintained into force. ... For the musical form, see Invention (music). ...


The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent or exclude others from making, using, selling, offering to sell or importing the invention. Patent claims are usually in the form of a series of numbered expressions, or more precisely noun phrases, following the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application. ... Novelty is a patentability test, according to which an invention is not patentable if it was already known before the date of filing, or before the date of priority if a priority is claimed, of the patent application. ... The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive, i. ... In United States patent law, utility is a patentability requirement. ... In patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i. ...

Contents

Definition

The term patent usually refers to a right granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. The additional qualification utility patents is used in countries such as the United States to distinguish them from other types of patents but should not be confused with utility models granted by other countries. Examples of particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents. A utility model is an intellectual property right to protect inventions. ... A biological patent is a patent relating to an invention or discovery in biology. ... Business method patents are a class of patents and one of many legal aspects of business. ... A chemical patent is an important source of technical and bibliographic information. ... Software patent does not have a universally accepted definition. ...


Some other types of intellectual property rights are referred to as patents in some jurisdictions: industrial design rights are called design patents in some jurisdictions (they protect the visual design of objects that are not purely utilitarian), plant breeders' rights are sometimes called plant patents, and utility models or Gebrauchsmuster are sometimes called petty patents or innovation patents. This article relates primarily to the patent for an invention, although so-called petty patents and utility models may also be granted for inventions. Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ... In German and Austrian patent laws, the Gebrauchsmuster, also known as German utility model or Austrian utility model, is a patent-like, intellectual property right protecting inventions. ...


Certain grants made by the monarch in pursuance of the royal prerogative were sometimes called letters patent, which was a government notice to the public of a grant of an exclusive right to ownership and possession. These were often grants of a patent-like monopoly and predate the modern British origins of the patent system. For other uses of the term patent see Land patents, which were land grants by early state governments in the USA. This reflects the original meaning of letters patent that had a broader scope than current usage. Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government granting an office, a right, monopoly, title, or status to someone or some entity such as... A land patent is the right of ownership to a tract of land, usually granted by the federal or state government to an individual or private company. ...


Etymology

The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection), and more directly as a shortened version of the term letters patent, which originally denoted a royal decree granting exclusive rights to a person. For other uses, see Latins and Latin (disambiguation). ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal instrument in the form of an open letter issued by a monarch or government granting an office, a right, monopoly, title, or status to someone or some entity such as... An Order-in-Council is a type of legislation in the United Kingdom and certain Commonwealth countries which is formally made in the name of the Queen (or the Governor-General acting on her behalf) by the Privy Council or the Executive Council the Queen-in-Council or the Governor...


Law

Effects

A patent is not a right to practice or use the invention.[1] Rather, a patent provides the right to exclude others[1] from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned. This article is about the moral/legal concept. ... For the musical form, see Invention (music). ... The term of a patent is the maximum period during which it can be maintained into force. ...


The rights conveyed by a patent vary country-by-country. For example, in the United States, a patent covers research, except "purely philosophical" inquiry. A U.S. patent is infringed by any "making" of the invention, even a making that goes toward development of a new invention — which may itself become subject of a patent. In contrast, Australian law permits others to build on top of a patented invention, by carving out exceptions from infringement for those who conduct research (e.g. for academic purposes) on the invention.[2] This article is about the concept. ...


A patent being an exclusionary right does not, however, necessarily give the owner of the patent the right to exploit the patent.[1] For example, many inventions are improvements of prior inventions which may still be covered by someone else's patent.[1] If an inventor takes an existing, patented mouse trap design, adds a new feature to make an improved mouse trap, and obtains a patent on the improvement, he or she can only legally build his or her improved mouse trap with permission from the patent holder of the original mouse trap, assuming the original patent is still in force. On the other hand, the owner of the improved mouse trap can exclude the original patent owner from using the improvement. Mouse Trap is a 1981 arcade game released by Exidy similar to Pac-Man. ...


Some countries have "working provisions" which require that the invention be exploited in the jurisdiction it covers. Consequences of not working an invention vary from one country to another, ranging from revocation of the patent rights to the awarding of a compulsory license awarded by the courts to a party wishing to exploit a patented invention. The patentee has the opportunity to challenge the revocation or license, but is usually required to provide evidence that the reasonable requirements of the public have been met by the working of invention.


Enforcement

The plate of the Martin ejector seat of the military aircraft, stating that the design is covered by multiple patents in Britain, South Africa, Canada and "others". Dübendorf Museum of Military Aviation.
The plate of the Martin ejector seat of the military aircraft, stating that the design is covered by multiple patents in Britain, South Africa, Canada and "others". Dübendorf Museum of Military Aviation.

Patents can generally only be enforced through civil lawsuits (for example, for a U.S. patent, by an action for patent infringement in a United States federal court), although some territories (such as France and Austria) have criminal penalties for wanton infringement.[3] Typically, the patent owner will seek monetary compensation for past infringement, and will seek an injunction prohibiting the defendant from engaging in future acts of infringement. In order to prove infringement, the patent owner must establish that the accused infringer practices all of the requirements of at least one of the claims of the patent (noting that in many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the "doctrine of equivalents"). Image File history File linksMetadata Download high-resolution version (1296x2024, 521 KB) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Patent Metadata This file contains additional information, probably added from the digital camera or scanner used to create... Image File history File linksMetadata Download high-resolution version (1296x2024, 521 KB) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Patent Metadata This file contains additional information, probably added from the digital camera or scanner used to create... US Air Force F-15 Eagle ejection seat test using a mannequin. ... Dübendorf is a suburb of Zürich in Switzerland with a population of about 21,106 (in 1990). ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Look up Injunction in Wiktionary, the free dictionary. ... The doctrine of equivalents is a legal rule in most of the worlds patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent...


An important limitation on the ability of a patent owner to successfully assert the patent in civil litigation is the accused infringer's right to challenge the validity of that patent. Civil courts hearing patent cases can and often do declare patents invalid. The grounds on which a patent can be found invalid are set out in the relevant patent legislation and vary between countries. Often, the grounds are a sub-set of the requirements for patentability in the relevant country. Whilst an infringer is generally free to rely on any available ground of invalidity (such as a prior publication, for example), some countries have sanctions to prevent the same validity questions being relitigated. An example is the UK Certificate of contested validity. Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. ... Novelty is a patentability test, according to which an invention is not patentable if it was already known before the date of filing, or before the date of priority if a priority is claimed, of the patent application. ... In United Kingdom patent law, a certificate of contested validity is an order usually made by the Patents Court (a division of the High Court) or Patents County Court after a patent infringement action in which the validity of the patent is unsuccessfully challenged. ...

Patents in force in 2000
Patents in force in 2000

The vast majority of patent rights, however, are not determined through litigation, but are resolved privately through patent licensing. Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights, usually in return for a royalty or other payment. It is common for companies engaged in complex technical fields to enter into dozens of license agreements associated with the production of a single product. Moreover, it is equally common for competitors in such fields to license patents to each other under cross-licensing agreements in order to gain access to each other's patents. A cross license agreement could be desirable to the mouse trap developers discussed above, for example, because it would permit both parties to profit off each other's inventions. Image File history File links Size of this preview: 800 × 351 pixelsFull resolution (1425 × 625 pixel, file size: 58 KB, MIME type: image/png)This bubble map shows the global distribution of patents in force in 2000 as a percentage of the top market (USA - 1,295,176). ... Image File history File links Size of this preview: 800 × 351 pixelsFull resolution (1425 × 625 pixel, file size: 58 KB, MIME type: image/png)This bubble map shows the global distribution of patents in force in 2000 as a percentage of the top market (USA - 1,295,176). ... To licence or grant licence is to give permission. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... In patent law, a cross-licensing agreement is an agreement according to which two parties grant a license to each other for the exploitation of the subject-matter claimed in patents. ...


The United Nations Statistics Division reports that the United States was the top market for patents in force in 2000 closely followed by the EU and Japan. UNSD is an acronym that stands for United Nations Statistics Division External links http://unstats. ...


Ownership

In most countries, both natural persons and corporate entities may apply for a patent. The entity or entities then become the owners of the patent when and if it issues. However, it is nearly always required that the inventor or inventors be named and an indication be given on the public record as to how the owner or owners acquired their rights to the invention from the inventor or inventors.


In the United States, however, only the natural person(s) (i.e. the inventor/s) may apply for a patent. If a patent issues, then each person listed as an inventor owns the patent separately from the other. For example, if two inventors are listed on a patent, then each one may grant licenses to the patent independently of the other, absent an agreement to the contrary.


It is common in the United States for inventors to assign their ownership rights to a corporate entity.[4] Inventors that work for a corporation, for example, often are required to assign their ownership rights to their corporation as a condition of their employment. Independent inventors often assign their ownership rights to a single entity so that only one entity has the right to grant a license. An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ...


The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. The third parties then own the patents as if they had originally made the inventions themselves. Market liquidity is a business, economics or investment term that refers to an assets ability to be easily converted through an act of buying or selling without causing a significant movement in the price and with minimum loss of value. ...


Governing laws

Patent law



More patent law articles…
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The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are, therefore, territorial in nature. The history of patents and patent laws is generally considered to have started in Italy with a Venetian Statute of 1474. ... Patents are legal instruments intended for controlling technology-driven socio-economic progress and providing a general benefit for the society as a whole. ... Patent prosecution describes the interaction between an Applicant, or their representative, and a patent office with regard to a patent, or an application for a patent. ... A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. ... Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. ... The examples and perspective in this article or section may not represent a worldwide view. ... To licence or grant licence is to give permission. ... European patent law covers a wide range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. ... Japanese patent law is based on the first-to-file principle and is mainly given force by the Patent Act (特許法 Tokkyohō) of Japan which consists of 204 articles. ... The United States patent law is a first-to-invent patent legal framework in contrast to all other national patent laws. ... This is a list of legal concepts relating to patents, including special types of patents and patent applications. ...


Commonly, a nation forms a patent office with responsibility for operating that nation's patent system, within the relevant patent laws. The patent office generally has responsibility for the grant of patents, with infringement being the remit of national courts. A patent office is a governmental or intergovernmental organisation which controls the issue of patents. ...


There is a trend towards global harmonization of patent laws, with the World Trade Organization (WTO) being particularly active in this area. The TRIPs Agreement has been largely successful in providing a forum for nations to agree on an aligned set of patent laws. Conformity with the TRIPs agreement is a requirement of admission to the WTO and so compliance is seen by many nations as important. This has also led to many developing nations, which may historically have developed different laws to aid their development, enforcing patents laws in line with global practice. WTO redirects here. ... The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) is a treaty administered by the World Trade Organization (WTO) which sets down minimum standards for forms of intellectual property (IP) regulation. ...


A key international convention relating to patents is the Paris Convention for the Protection of Industrial Property, initially signed in 1883. The Paris Convention sets out a range of basic rules relating to patents, and although the convention does not have direct legal effect in all national jurisdictions, the principles of the convention are incorporated into all notable current patent systems. The most significant aspect of the convention is the provision of the right to claim priority: filing an application in any one member state of the Paris Convention preserves the right for one year to file in any other member state, and receive the benefit of the original filing date. Because the right to a patent is intensely date-driven, this right is fundamental to modern patent usage. The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, is an important and one of the first intellectual property treaties. ... In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. ...


The authority for patent statutes in different countries varies. In the United States, the Constitution empowers Congress to make laws to "promote the Progress of Science and useful Arts..." The laws Congress passed are codified in Title 35 of the United States Code and created the United States Patent and Trademark Office. In the UK, substantive patent law is contained in the Patents Act 1977 as amended.[5] Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... Title 35 of the United States Code is a title of United States Code regarding patent law. ... PTO headquarters in Alexandria The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent and trademark protection to inventors and businesses for their inventions and corporate and product identification. ...


In addition, there are international treaty procedures, such as the procedures under the European Patent Convention (EPC) [administered by the European Patent Organisation (EPOrg)], and the Patent Cooperation Treaty (PCT) (administered by WIPO and covering 137 countries), that centralise some portion of the filing and examination procedure. Similar arrangements exist among the member states of ARIPO, OAPI, the analogous treaties among African countries. The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention (EPC), is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. ... The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is one of the two organs of the organisation [1]) is a public international organisation set up by the European Patent Convention (EPC). ... The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent applications to protect inventions internationally. ... The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations, and has as its core objectives the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social... The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental international organization established to enable cooperation between African states in patent and other industrial property matters. ... The Organisation Africaine de la Propriété Intellectuelle or OAPI (English: African Intellectual Property Organization) is an intellectual property organization, headquartered in Cameroon. ...


Application and prosecution

A patent is requested by filing a written application at the relevant patent office. The application contains a description of how to make and use the invention and, under some legislations, if not self evident, the usefulness of the invention. The patent application may or must also comprise "claims". Claims define the invention and embodiments for which the applicant wants patent rights. A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. ... Patent prosecution describes the interaction between an Applicant, or their representative, and a patent office with regard to a patent, or an application for a patent. ... A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. ...


To obtain a patent, an applicant must provide a written description of the invention in sufficient detail for a person skilled in the art (i.e., the relevant area of technology) to make and use the invention. This written description is provided in what is known as the patent specification, which is often accompanied by illustrating drawings. Some countries, such as the United States, further require that the specification disclose the "best mode" of the invention (i.e., the most effective way, to the best of the inventor's knowledge, to make or practice the invention).[6] In addition, at the end of the specification, the applicant must provide one or more claims that define what the applicant regards as their invention. A claim, unlike the body of the specification, is a description designed to provide the public with notice of precisely what the patent owner has a right to exclude others from making, using, or selling. Claims are often analogized to a deed or other instrument that, in the context of real property, sets the metes and bounds of an owner's right to exclude. The claims define what a patent covers. A single patent may contain numerous claims, each of which is regarded as a distinct invention. Sufficiency of disclosure refers to the legal requirement that the description of an invention in a patent contain specific information about the invention. ... A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. ... Patent claims are usually in the form of a series of numbered expressions, or more precisely noun phrases, following the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application. ...


For a patent to be granted, that is to take legal effect, the patent application must meet the legal requirements related to patentability. Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. ...


Once a patent application has been filed, most patent offices examine the application for compliance with the requirements of the relevant patent law. If the application does not comply, the objections are usually communicated to the applicant or their patent agent or attorney, who can respond to the objections to attempt to overcome them and obtain the grant of the patent. A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. ... Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. ... A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. ...


In most countries, there is no requirement that the inventor build a prototype or otherwise reduce his or her invention to actual practice in order to obtain a patent. The description of the invention, however, must be sufficiently complete so that another person with ordinary skill in the art of the invention can make and use the invention without undue experimentation.


Once granted the patent is subject in most countries to renewal fees, generally due each year,[7] to keep the patent in force. In most patent laws, maintenance fees or renewal fees need to be paid during the term of a patent in order to maintain it into force. ...


In Egbert v. Lippmann,104 U. S. 333 (1881) (the "corset case"), the United States Supreme Court affirmed a decision that an inventor who had "slept on his rights for eleven years" without applying for a patent could not obtain one at that time. This decision has been codified as 35. U.S.C. §102, which bars an inventor from obtaining a patent if the invention has been in public use for more than one year prior to filing. Holding Sale or public use of an invention for a statutorily-specified time period bars patenting of that invention. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


Economics

For more details on this topic, see Economics and patents.

Patents are legal instruments intended for controlling technology-driven socio-economic progress and providing a general benefit for the society as a whole. ...

Rationale

There are four primary incentives embodied in the patent system: to invent in the first place; to disclose the invention once made; to invest the sums necessary to experiment, produce and market the invention; and to design around and improve upon earlier patents.[8]

  1. Patents provide incentives for economically efficient research and development (R&D). Many large modern corporations have annual R&D budgets of hundreds of millions or even billions of dollars. Without patents, R&D spending would be significantly less or eliminated altogether, limiting the possibility of technological advances or breakthroughs. Corporations would be much more conservative about the R&D investments they made, as third parties would be free to exploit any developments. This second justification is closely related to the basic ideas underlying traditional property rights.
  2. In accordance with the original definition of the term "patent," patents facilitate and encourage disclosure of innovations into the public domain for the common good. If inventors did not have the legal protection of patents, in many cases, they would prefer or tend to keep their inventions secret. Awarding patents generally makes the details of new technology publicly available, for exploitation by anyone after the patent expires, or for further improvement by other inventors. Furthermore, when a patent's term has expired, the public record ensures that the patentee's idea is not lost to humanity.
  3. In many industries (especially those with high fixed costs and either low marginal costs or low reverse engineering costs — computer processors, software, and pharmaceuticals for example), once an invention exists, the cost of commercialization (testing, tooling up a factory, developing a market, etc.) is far more than the initial conception cost. (For example, the internal "rule of thumb" at several computer companies in the 1980s was that post-R&D costs were 7-to-1). Unless there is some way to prevent copies from competing at the marginal cost of production, companies will not make that productization investment.[clarify]

One effect of modern patent usage is that a small-time inventor can use the exclusive right status to become a licensor. This allows the inventor to accumulate capital from licensing the invention and may allow innovation to occur because he or she may choose to not manage a manufacturing buildup for the invention. Thus the inventor's time and energy can be spent on pure innovation, allowing others to concentrate on manufacturability.[9] The phrase research and development (also R and D or, more often, R&D), according to the Organization of Economic Cooperation and Development, refers to creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use... For other uses, see Corporation (disambiguation). ... In economics and political science, free riders are actors who consume more than their fair share of a resource, or shoulder less than a fair share of the costs of its production. ... // Use of the term The concept of property or ownership has no single or universally accepted definition. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... The common good is a term that can refer to several different concepts. ... For other uses, see Inventor (disambiguation). ... The term of a patent is the maximum period during which it can be maintained into force. ...


Criticism

While each of the four incentives is achieved by the patent system in some contexts, the patent system has countervailing costs, and those costs fall more heavily in some contexts than others. There are critics and criticisms of patents and this has resulted in the formation of groups who oppose patents and who lobby for their abolition.


Patents from time to time have been criticized for being granted on already known inventions. In 1938, for example, R. Buckminster Fuller, inventor of the geodesic dome wrote:[10] Richard Buckminster “Bucky” Fuller (July 12, 1895 – July 1, 1983)[1] was an American visionary, designer, architect, poet, author, and inventor. ... Spaceship Earth in Epcot Center at Walt Disney World is perhaps one of the most famous examples of a large scale geodesic sphere. ...

“At present (1938), the (US patent) files, are so extraordinarily complex and the items so multitudinous that a veritable army of governmental servants is required to attend them and sort them into some order of distinguishable categories to which reference may be made when corresponding with patent applicants for the purposes of examiner citation of “prior art” disclosure. This complexity makes it inevitable that the human-equation involved in government servants relative to carelessness or mechanical limitations should occasion the granting of multitudes of “probably” invalid patent claims.”

Patents have also been criticized for conferring a "negative right" upon a patent owner, permitting them to exclude competitors from using or exploiting the invention, even if the competitor subsequently develops the same invention independently. This may be subsequent to the date of invention, or to the priority date, depending upon the relevant patent law (see First to file and first to invent). [11] In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. ... First to file and first to invent are legal concepts that define who has the right to the grant of a patent for an invention. ...


Patents may hinder innovation as well in the case of "troll" entities. A holding company, pejoratively known as a "patent troll", owns a portfolio of patents, and sues others for infringement of these patents while doing little to develop the technology itself. [12] Patent troll is a pejorative term used for a person or company that enforces its patents against one or more alleged infringers in a matter considered unduly aggressive or opportunistic (see List of patent trolls for examples). ...


Another theoretical problem with patent rights was proposed by law professors Michael Heller and Rebecca Sue Eisenberg in a 1998 Science article.[13] Building from Heller's theory of the tragedy of the anticommons, the professors postulated that intellectual property rights may become so fragmented that, effectively, no one can take advantage of them as to do so would require an agreement between the owners of all of the fragments. Michael Heller is a law professor known for his focus on property and international law. ... The tragedy of the anticommons is a situation where rational individuals (acting separately) collectively waste a given resource by under-utilizing it. ...


History

Main article: History of patent law
U.S. Patents granted, 1800–2004.[14]

There is evidence suggesting that something like patents was used in certain ancient Greek cities. The creator of a new recipe was granted an exclusive right to make the food for one year, and a similar practice existed in some Roman cities.[citation needed] The history of patents and patent laws is generally considered to have started in Italy with a Venetian Statute of 1474. ... Image File history File links Download high resolution version (833x580, 31 KB) Summary Author: Mark Nowotarski Data Source: http://www. ... Image File history File links Download high resolution version (833x580, 31 KB) Summary Author: Mark Nowotarski Data Source: http://www. ...


Patents in the modern sense originated in 1474, when the Republic of Venice enacted a decree by which new and inventive devices, once they had been put into practice, had to be communicated to the Republic in order to obtain the right to prevent others from using them.[15] Borders of the Republic of Venice in 1796 Capital Venice Language(s) Venetian, Latin, Italian Religion Roman Catholic Government Republic Doge  - 1789–97 Ludovico Manin History  - Established 697  - Treaty of Zara June 27, 1358  - Treaty of Leoben April 17, 1797 * Traditionally, the establishment of the Republic is dated to 697. ...


England followed with the Statute of Monopolies in 1623 under King James I, which declared that patents could only be granted for "projects of new invention." During the reign of Queen Anne (1702–1714), the lawyers of the English Court developed the requirement that a written description of the invention must be submitted.[16] These developments, which were in place during the Colonial period, formed the basis for modern English and United States patent law. Englands Statute of Monopolies of 1623 (21 Jac. ... James VI and I (19 June 1566 – 27 March 1625) was King of Scots as James VI, and King of England and King of Ireland as James I. He ruled in Scotland as James VI from 24 July 1567, when he was only one year old, succeeding his mother Mary... Anne (6 February 1665 – 1 August 1714) became Queen of England, Scotland and Ireland on 8 March 1702, succeeding William III of England and II of Scotland. ...


In the United States, during the colonial period and Articles of Confederation years (1778–1789), several states adopted patent systems of their own. The first Congress adopted a Patent Act, in 1790, and the first patent was issued under this Act on July 31, 1790 (and the subject matter of that patent was for the making of potash). The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... Potash Potash (or carbonate of potash) is an impure form of potassium carbonate (K2CO3). ...


See also

Wikiquote has a collection of quotations related to:
Patent

Image File history File links This is a lossless scalable vector image. ... Wikiquote is one of a family of wiki-based projects run by the Wikimedia Foundation, running on MediaWiki software. ... This is a list of legal concepts relating to patents, including special types of patents and patent applications. ... The below is a list of topics related to patents. ... This is a list of notable people associated with patent law and patent-related institutions. ...

References

  1. ^ a b c d "A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." - Herman v. Youngstown Car Mfg. Co., 191 F. 579, 584-85, 112 CCA 185 (6th Cir. 1911)
  2. ^ What is a Patent?. Patents. IP Australia (2006). Retrieved on 2007-08-12.
  3. ^ DLA Piper Rudnick Gray Cary (2005) Patent Litigation across Europe, handout available as per this link.
  4. ^ Assignee (Company) Name. Help Page. U.S. Copyright and Trademark Office (USPTO). Retrieved on 2007-07-25.
  5. ^ United Kingdom law requiring no explicit authority due to the Supremacy of Parliament.
  6. ^ What are the steps in getting a patent?. Questions and Answers on Patents. Wolf, Greenfield & Sacks, P.C.. Retrieved on 2007-06-05.
  7. ^ the US being a notable exception; see the Maintenance fee (patent) article for more details
  8. ^ Howard T. Markey (chief judge of the United States Court of Customs and Patent Appeals and later of the Court of Appeals for the Federal Circuit), Special Problems in Patent Cases, 66 F.R.D. 529, 1975.
  9. ^ Stim, Rishand, "Profit from Your Idea: How to Make Smart Licensing Decisions", ISBN 1413304508 (Published 2006)
  10. ^ Nine Chains to the Moon, Chapter 36, “Throwing in the Patent Sponge”, p 277
  11. ^ Charles L. Gholz, Journal of the Patent and Trademark Office Society, 82 JPTOS 891, December 2000.. Retrieved on 2008-02-15.
  12. ^ Patent troll definition and description. Retrieved on 2008-02-15.
  13. ^ Heller, M.A., & Eisenberg, R.S. (1998). Can Patents Deter Innovation? The Anticommons in Biomedical Research. Science, 280(1 May 1998), 280, 698-701.
  14. ^ U.S. Patent Activity 1790 to the Present
  15. ^ (German) Helmut Schippel: Die Anfänge des Erfinderschutzes in Venedig, in: Uta Lindgren (Hrsg.): Europäische Technik im Mittelalter. 800 bis 1400. Tradition und Innovation, 4. Aufl., Berlin 2001, S.539-550 ISBN 3-7861-1748-9. Wolfgang-Pfaller.de: Patentgesetz von Venedig (German / Italian).
  16. ^ History of Copyright. UK Intellectual Property Office (2006). Retrieved on 2007-08-12.

IP Australia (IPA) is the Australian government agency responsible for administering patents, trademarks, designs, and plant breeders rights. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 224th day of the year (225th in leap years) in the Gregorian calendar. ... DLA Piper Rudnick Gray Cary LLP, is an international law firm formed by the 2004 merger of Piper Rudnick LLP, Gray Cary Ware & Freidenrich LLP, and DLA, once the seventh-largest law firm in the United Kingdom. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 206th day of the year (207th in leap years) in the Gregorian calendar. ... ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 156th day of the year (157th in leap years) in the Gregorian calendar. ... In most patent laws, maintenance fees or renewal fees need to be paid during the term of a patent in order to maintain it into force. ... Nine Chains to the Moon is a book by R. Buckminster Fuller. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 46th day of the year in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 46th day of the year in the Gregorian calendar. ... The UK Intellectual Property Office, or UK-IPO, formerly known as The Patent Office,[1] is the lead United Kingdom government agency responsible for developing and administering policy in most areas of intellectual property, under the overall aegis of the Department of Trade and Industry. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 224th day of the year (225th in leap years) in the Gregorian calendar. ...

External links

Look up patent in Wiktionary, the free dictionary.

Wikipedia does not have an article with this exact name. ... Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 151 languages. ... The World Intellectual Property Organization (WIPO) (French: Organisation mondiale de la propriété intellectuelle or OMPI) is one of the specialized agencies of the United Nations. ... British Library main building, London The British Library (BL) is the national library of the United Kingdom. ...


  Results from FactBites:
 
You Don't Need a Lawyer to Get a Patent (0 words)
But you have more imagination than money, and a patent attorney wants $7,500 to file a patent application for you.
To obtain a patent, you need to make sure your invention qualifies for a patent and you need to be able to describe all aspects of your invention.
It also cannot be for sale or be known about for more than a year before you apply for a patent.
W3C Patent Policy (0 words)
The term of such license shall be for the life of the patents in question, subject to the limitations of 5(10).
Patent disclosure information for each specification on the Recommendation track will be made public along with each public Working Draft issued by the Working Group.
In the event a patent has been disclosed that may be essential, but is not available under W3C RF licensing requirements, a Patent Advisory Group (PAG) will be launched to resolve the conflict.
  More results at FactBites »

 
 

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