Patent is a right given to an inventor by states which are sovereign or intergovernmental organization. This right is given for a certain period of time to an inventor in exchange for detailed public disclosure of his invention.
(Inventions can be electrical, mechanical, or chemical in nature. An invention can be a solution to some specific technological problem or can be a product or a process.)
Utility patent is for invention. It protects the way how an article is used or worked. It forbids others (individuals or companies) from making selling or using the same invention without permission of the real owner.
Design patent is for design. It protects the way how an article looks like. A design patent allows an inventor to protect the original shape or surface ornamentation of a useful manufactured article such as industrial design, ornamental design or computer icons etc.Signature of directors
Plant patent is for newly invented plants. These plants must be reproduced by other means rather than seeds, for example by drafting, budding or inarching.
The purpose of patent is to encourage the development of new invention and its disclosure. As Inventors are often feeling fear in revealing the details of their invention that someone else may copy it.
After filing, the application goes through an examination process. Examiner would check if an application meets all the requirements. If the application has any objection then applicant is informed to respond. The final rejection is sent by the patent office. There are also opportunities for the third parties to oppose the proceedings. The third parties challenge the validity of an allowed or issued patent at the national patent office on following grounds.
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- the claimed subject matter is not patentable at all;
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- the claimed subject matter is not new at the time the application is filed;
- Some kind of fraud is committed during prosecution with regard to listing of inventors, representations about when discoveries were made, etc.
Patents can found to be invalid in whole or in part for any of these reasons.