Benefits Of Adding Claims To A Patent

By Michael Collins


A right granted to an inventor or discoverer by the government is known as a patent. The discoverer is allowed to prevent or stop any other individual from making or even selling the invention without permission. It is important to note that patents are applicable to some improvements on process, products and newly developed technology. Adding claims to a patent is allowed if rights of a discoverer are infringed.

For any invention to be patentable it should be new or it has never been made public anywhere else before the application is made. The facts should not be obvious to an individual with experience or good knowledge of the subject. The discovery should be capable of being used or applied in some type of industry.

Naturally occurring objects and even laws of nature cannot be patented. Fundamental truths, calculation methods, mathematical formulas and abstract principles are not patentable. However, a process that applies a particular method or formula is patentable. Obvious suggestions or ideas are not patentable. Unsafe drugs and inventions without legal purposes or uses are also not patentable.

There are three main categories of patent. Utility patents are common and are granted to new chemicals, machines and processes. Design patents are given to protect a unique design or appearance of a manufactured object like the surface ornamentation or even the design of a particular commodity. Plant patents are concerned with discovery of new plant varieties.

Any person who makes a request to be granted with these types of rights must be willing and ready to show that the invention is useful and helpful. Most importantly, it must have a positive impact to other people other than the discoverer. Commonly patented items are plants and bacteria, musical instruments, chemical formulas together with processes, drugs, jewelry, furniture design and medical devices.

Patents are not acquired automatically. One should not only make an application, but also follow the required procedure in the course of application. Rights and privileges are only issued if application is made at the right time (one year after the discovery is made public). Plant and even utility patents normally expire after twenty years. However, if the holder does not pay maintenance fee as required the patent may expire before twenty years are over.

If you have invented a machine and you are a patent holder, you definitely have all the rights and powers to sue any individual you may find using or selling your discovery without your permission. For every case won, the patent holder is given back attorney fee, amount used as damages caused and an injunction. These types of cases are costly and time consuming.

If you have a discovery and you want to have it protected, it is important to do proper research in order to have proper understanding of intellectual property law and patent law. In case you intend to protect your novel invention, contact an experienced patent law attorney and he or she will provide you with legal assistance you may require.




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