A patent is a legal document granted to an individual (usually the inventor) by the government. The document provides the inventor with the exclusive, legal right to create, use or sell an invention. Patents come with a certain validity period and expiry date. You can also file a patent claim for making a significant improvement on items invented previously. Simply put, when you invent something new or improve an already existing product, you need to apply for a patent to get exclusive benefits.
Patents give individuals recognition for their innovation, and possibly a material reward. Globally, the basic rule of patenting remains the same: it allows the owner exclusive rights to prevent others from recreating the patented innovation.
This can be done through a patent claim. A patent claim is the most important section of the patent and is the way through which a patent owner can file an infringement suit in case their innovation has been commercially exploited by somebody else. Patent claims can be of two types: independent and dependent.
Now that we know what a patent claim is, let’s look at some basic laws surrounding patents.
Patent law is a component of the broader framework regarded as intellectual property. Legal aspects include protecting your intellectual property rights, including trademarking, copyrighting and protecting trade secrets.
While trying to patent an invention, the inventor must ensure that their design meets three basic requirements.
The patent law prevents the use of the invention not just by imitators but also by independent devisors. This means that no other party can use the same idea or invention as the individual patenting it, for a specific duration of time. However, the patent holder can choose to sell his idea/invention or license it or utilize it to enhance his business and commercial prospects.
Based on your invention, you can file for three kinds of patents. These are:
Other things to know about patents