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Patent: An Overview of Inventors and Entrepreneurs

             


Rick Guerra


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.

 

An Overview of Inventors and Entrepreneurs are explained below

 

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 understanding. 


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