A Patent is a protection form
which provides exclusive rights to a person or any other legal entity which
were granted by the intergovernmental organization or any sovereign state for
any public disclosure which includes making, using and selling an invention for
a limited period of time.
In a patent, basically the
government provides you to prohibit others from the right Essentially, through a patent, the government
gives you the right to exclude others from making, using or selling your own
creation to a maximum of 20 years from the day you have your patent granted in
your name. Some of the criteria like utility, novelty and ingenuity, Patents
are generally being granted on.
Overview of Inventors and Entrepreneurs are
An inventor can apply for patent
for his own creation. When more than one people are involved in a single
creation, all the members have to apply the patent as joint creators. But there
is a twist, only a financier can?t claim the patent as a joint creator.
There are a lot of different
types of patents, however below mentionedtwo of the following patents are
mostly used by the inventors and entrepreneurs.
A design patent is
generally much simpler and cheaper which is easily accepted by the PTO. It
provides protection on the appearance of your creation. The term period of the
design patent is for 14 years. Although the protection is not as secure and
effective as other patent because the design of the creation. However, its
overall protection isn't as effective as a utility patent because the
invention's design can be changed many times.
In order to claim or receive a
design patent, you need to pass the following tests
● The creation
must have a unique and ornamental yet original design.
● The design
must have obvious features.
A utility patent secures
your creation?s functions. It is far more complicated than the design patent as
you need to explain the way your creation was used. The utility patent is not
that easy to be accepted by the PTO, as well as it is a bit expensive too.
Although this patent offers more security than the other. The term period of
utility patent is 20 years.
In order to claim a utility patent, the following tests are needed to be passed
1. Statutory-class test. This test
is performed where you can classify your creation as a manufacturer, machine,
process or a "new use".
2. Novelty test. This test
is done to set your creation apart from older creations and make it unique and
unknown to the world.
3. Utility test. In this
test, your creation is considered useful.
4. "Non Obviousness" test. Sometimes
the novelty of your creation not be evident to someone's ordinary skill of
About the Author: