What is a Patent?
A patent gives an inventor the right for a limited period to prevent others from making, using or selling their invention without the permission of the inventor.
What is Patent Insurance?
Intellectual Property Insurance from Charles Milnes and Company includes Patent Insurance and enables companies to defend themselves against claims they have infringed competitor's patents, and to challenge competitors who infringe their own patents.
Patent Registration
In order for a patent to be registered it must fulfill the following requirements:
- the invention must be new (it must not be made public before the date which the application for registration is first made)
- the invention holds an inventive step (it should not be obvious to a person skilled in that area and experienced in the subject)
- the invention is capable of industrial application (it can be made or used in any kind of industry. "Industry" is anything distinct from purely intellectual or aesthetic activity. It does not necessarily imply the use of a machine or the manufacture of an article.)
- the invention is not contrary to the law
Inventions which cannot be Patented
- A discovery, a scientific theory or mathematical method i.e. an unknown chemical
- A literary, dramatic, musical or artistic work or any other aesthetic creation
- A program for a computer (although software maybe registered)
- A presentation of information i.e. a new chart for showing a family tree
- An invention likely to encourage offensive, immoral or anti-social behaviour i.e. an electricity meter which runs more slowly.
- For any variety of animal, plant, any method of treatment of the human or animal body by surgery or therapy; or method of diagnosis.
Duration
It may take a number of years before a patent is registered. However once the patent is registered it is renewable each year generally for a maximum of 20 years from the date of filing.
Rights Granted
The owner has the exclusive right to stop others from using the invention. Alternatively the owner can choose to let others use it under agreed terms.
A patent also brings the right to take legal action against others who might be infringing the invention and to claim damages. Legal action can be taken in regards to unlicensed manufacture, use, importation or sale of the patented invention.
