Criteria for Obtaining Patents

Introduction

Patents play a crucial role in protecting intellectual property rights. They provide inventors with exclusive rights to their inventions, allowing them to prevent others from making, using, or selling their inventions without permission. However, not all inventions are eligible for patent protection. In this article, we will explore the criteria for obtaining patents and the procedure for registration.

Key Concepts and Principles

Novelty

Novelty is one of the fundamental criteria for obtaining a patent. An invention is considered novel if it is new and has not been disclosed to the public before the filing date of the patent application. This means that the invention must not have been described in any printed publication, used in public, or patented anywhere in the world before the filing date.

Examples of non-novel inventions include:

• Inventions that have been publicly disclosed before the filing date
• Inventions that have been patented in other countries

Inventive Step

Inventive step, also known as non-obviousness, is another important criterion for obtaining a patent. An invention is considered to involve an inventive step if it is not obvious to a person skilled in the relevant field. This means that the invention must not be an obvious modification or combination of existing knowledge or technology.

Examples of inventions lacking inventive step include:

• Simple changes or substitutions to existing inventions
• Combinations of known elements that would be obvious to a person skilled in the field

Industrial Applicability

Industrial applicability refers to the practical utility of an invention. To meet this criterion, an invention must be capable of being made or used in some kind of industry. It should have a specific, substantial, and credible use.

Examples of inventions lacking industrial applicability include:

• Inventions that are purely theoretical or abstract
• Inventions that cannot be made or used in any industry

Non-Patentable Inventions

Not all inventions are eligible for patent protection. There are certain categories of inventions that are considered non-patentable. These include:

• Discoveries, scientific theories, and mathematical methods
• Schemes, rules, and methods for doing business
• Computer programs
• Methods of medical treatment or diagnosis
• Inventions that are contrary to public order or morality

Examples of non-patentable inventions include:

• A mathematical formula
• A method of playing a card game

Procedure for Registration

To obtain a patent, inventors must follow a specific procedure for registration. This includes the following steps:

Patentability Search

Before filing a patent application, it is important to conduct a patentability search. This involves searching existing patents, scientific literature, and other sources to determine if the invention is novel and non-obvious. The search helps identify prior art, which refers to any existing knowledge or technology that is relevant to the invention.

The patentability search is crucial as it helps inventors assess the chances of obtaining a patent and make any necessary modifications to their invention to meet the patentability criteria.

Filing a Patent Application

Once the patentability search is complete, inventors can proceed with filing a patent application. The application must include a detailed description of the invention, including its novelty, inventive step, and industrial applicability. It should also include any necessary drawings, claims, and abstracts.

The patent application must meet specific requirements, such as being in the prescribed format and paying the required fees. Once the application is filed, it is assigned a filing date, which is used to determine the priority of the invention.

Examination and Grant of Patent

After filing the patent application, it undergoes an examination process to determine if it meets the patentability criteria. The examination is conducted by a patent examiner who reviews the application and any relevant prior art.

If the examiner determines that the invention meets the criteria for patentability, a patent is granted. The grant of a patent provides the inventor with exclusive rights to the invention for a limited period, usually 20 years from the filing date.

Real-World Applications and Examples

To better understand the criteria for obtaining patents, let's look at some real-world applications and examples:

Case studies of successful patent applications

• The invention of the telephone by Alexander Graham Bell was granted a patent in 1876. This patent protected Bell's exclusive rights to the telephone, allowing him to commercialize his invention and prevent others from using it without permission.

• The patent for the first commercially viable electric light bulb was granted to Thomas Edison in 1879. This patent protected Edison's invention and paved the way for the widespread adoption of electric lighting.

Examples of inventions that failed to meet patentability criteria

• A company developed a new type of smartphone that had a slightly larger screen and a faster processor compared to existing smartphones. However, the invention lacked inventive step as it was considered an obvious modification of existing technology.

• An inventor filed a patent application for a perpetual motion machine, claiming that it could generate unlimited energy without any external input. However, the invention lacked industrial applicability as it violated the laws of thermodynamics.

Advantages and Disadvantages of Patents

Advantages

Patents offer several advantages to inventors and society as a whole:

1. Protection of intellectual property rights: Patents provide inventors with exclusive rights to their inventions, allowing them to prevent others from using or selling their inventions without permission.

2. Incentive for innovation and research: Patents encourage inventors to invest time, money, and effort into developing new and useful inventions. They provide a legal framework that rewards inventors for their creativity and promotes technological progress.

Disadvantages

While patents offer significant benefits, they also have some drawbacks:

1. Cost and time involved in obtaining a patent: The process of obtaining a patent can be time-consuming and expensive. Inventors need to hire patent attorneys, conduct patentability searches, and pay filing fees, which can be a barrier for individuals or small businesses with limited resources.

2. Limited duration of patent protection: Patents provide exclusive rights to inventors for a limited period, usually 20 years from the filing date. Once the patent expires, the invention enters the public domain, and anyone can use or sell it without permission.

Conclusion

Obtaining a patent requires meeting specific criteria, including novelty, inventive step, and industrial applicability. It is important for inventors to conduct a patentability search, file a patent application, and undergo an examination process to obtain a patent. Patents offer advantages such as protection of intellectual property rights and incentives for innovation, but they also have disadvantages such as cost and limited duration of protection. Understanding and complying with the criteria for obtaining patents is crucial in protecting intellectual property rights and promoting technological progress.

Summary

Patents play a crucial role in protecting intellectual property rights. To obtain a patent, inventors must meet specific criteria, including novelty, inventive step, and industrial applicability. The procedure for registration involves conducting a patentability search, filing a patent application, and undergoing an examination process. Patents offer advantages such as protection of intellectual property rights and incentives for innovation, but they also have disadvantages such as cost and limited duration of protection.

Analogy

Obtaining a patent is like securing a lock on a treasure chest. The chest represents an invention, and the patent provides the inventor with exclusive rights to the treasure inside. Just as the lock ensures that only the rightful owner can access the treasure, a patent protects an inventor's intellectual property rights and prevents others from using or selling the invention without permission.