What is a patent?

A patent represents exclusive right given for the invention, which can be a product or a method, allowing making something in a new way or offering new technical decision of a task.

What is the function of a patent?

A patent gives to the owner protection on the invention. Protection is given for the limited period of time, generally for 20 years.

What protection is given with a patent?

A patent protection means that the invention can not be made or have made, used, marked and have marketed, distribute and have distributed, widespread or sold on an industrial scale without patent holder’s consent. These patent rights are usually protected in court, which, in the majority of systems, is empowered to suppress infringements of patent rights. And on the contrary, after successful contest by the third party the court also can declare the patent invalid.

What rights has a patent holder?

A patent holder has the right to make a use permission-prohibition decision of the patented invention during the term of protection of the invention. Patent holder can authorize or license to other persons use of the invention on mutually agreed conditions. The owner can also sell or assign the right for the invention to any person who then becomes the new owner of this patent. After validity of the patent, protection comes to the end and an invention passes in area of free public use- that is the owner any more does not possess exclusive rights to the invention which becomes opened for commercial use by other person.

Why patents are necessary?

Patents stimulate persons, giving to them recognition of their creative contribution and material compensation for commercial use of their inventions. This encourage the innovation thus raising quality of peole’s life.

What is the role of patents in every day life?

Patented inventions have got actually into all spheres of a human life, since electric illumination (patent holder were Edison and Swen) and plastic (patent holder was Bakeland), and up to ball pens (patent holder was Biro) and microprocessors (patent holder was, for example, Intel).

All patent holders in exchange for granting of patent protection are obliged to open publicly the information on their inventions to enrich the general world treasury of technical knowledge. Such treasury of constantly extending general knowledge promotes the further development of creative innovative activity in other people. Thus, patents not only give protection to the owner, but also contain the valuable information and are a source of inspiration for the future generations of researchers and inventors.

How patent is granted?

First step on a way to obtain a patent is a submission of the patent application. As a rule, the patent application contains the name of the invention, and also the instruction.

Technical area to which it concerns; it should include preconditions and the description the inventions stated by clear language and is detailed enough, that the person having average knowledge in given area, could use or reproduce the invention. Descriptions, generally, are accompanied by such visual materials as drawings, scheme or diagram, helping to open idea of the invention better. The application also contains various "claims", that is the information which defines the volume of protection given by the patent.

On what kinds of inventions protection is given?

As a rule, for reception of patent protection the invention should meet following requirements: it should be practically applicable; it should have a novelty aspect, that is the certain new property which is not known among existing knowledge in the given technical area; such existing knowledge refer to " a known level of technics "; the invention should have invention level which cannot be deduced by the person possessing average knowledge in given technical area. In summary, the object of the invention should be "patented" according to the legislation. In many countries scientific theories and mathematical methods, grades of plants or breeds of animals, opening of natural substances, methods of performance of economic operations or methods of medical treatment (but not medical products) generally, are not patented.

Who gives out patents?

The patents are granted by national patent department or regional department which performs work in interests of some the countries, as for example, the European patent department and the African regional organization of the industrial property. Within the limits of such regional systems the applicant requires protection for the invention in one or several countries, and each country makes a decision on granting or refusal in the definite territory. The Patent Cooperation treaty (? ????) which is supported by WIPO, provides an opportunity to submit only one international patent application which has the same action, as submission of the national application in each of the specified countries. The applicant, asking protection, can submit one application and ask protection in those countries - participants of the Contract where he wishes to receive a patent.