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What is a Patent? Why we need them?

What is a patent? A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new ...

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

The protection is granted for a limited period, generally 20 years from the filing date of the application.

Types: Patents are categorized primarily as utility, design and plant.

Utility Patents: These may be granted to anyone who invents or discovers a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvements of these.

Design Patent: The law also provides for the granting of a patent to anyone inventing or discovering and asexually reproducing any distinct and new variety of plant. This includes cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state.

Plant Patent: The law also provides for the granting of a patent to anyone inventing or discovering and asexually reproducing any distinct and new variety of plant. This includes cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state.

In the International Patent Classification (IPC), technology is divided into eight main sections:

  1. Human necessities.
  2. Performing operations; transporting.
  3. Chemistry; metallurgy.
  4. Textiles; paper.
  5. Fixed constructions.
  6. Mechanical engineering; lighting; heating; weapons; blasting.
  7. Physics.
  8. Electricity.

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