In order to obtain a patent, an invention must have a novel and inventive step. The inventor cannot have previously invented the same thing. It must have a practical application and be able to create or improve upon an existing product or process. Moreover, the invention must have a useful and marketable form in terms of an industrial process or product. In some cases, physical features of an invention can also qualify as patentable subject matter.
A patent grants the inventor exclusive rights to make and use the invention. The inventor can also license the invention and sell it to third parties. The owner of the patent has the same rights to prevent exploitation as the original inventor. The patent can be transferred, mortgaged, assigned, or even abandoned. But, a third party can obtain it. That's when a company will pay to buy or license the invention. Eventually, the inventor can profit from the sale, licensing, and distribution of the invention.
The patent application states the problem or invention that the applicant is trying to solve. The patent application includes a discussion of the 'state of the art' and references to key books, journal articles, or other patents that describe the current state of the art. Claims describe the inventive step in the invention. The numbered claims are the legal aspects of monopoly. The patent application is the first step in the process of gaining protection. When a patent is granted, the published claims become legally binding.
One of the primary requirements for obtaining a patent is usefulness. To be eligible for a patent, an invention must have a specific practical application. It can be anything from a toy to a computer. The purpose is the same: to help people live better. A simple windshield timer, for example, contains four parts. If the invention is not functional, it will be ineligible. The patent holder is financially compensated for any damages. For more details visit our website by clicking on www.bankruptcydoctorsrole.com.
During the course of a patent litigation, the accused infringer may raise the validity of the patent in a counterclaim. The grounds for invalidity vary widely by country. They are often a subset of the requirements for patentability in the country in question. This means that an infringer can rely on any grounds of invalidity he or she wishes. In some cases, the court will remand the case back to state court.