Patent Facts

The patent owner’s rights are exclusionary: she may exclude others from making, using, selling, offering to sell, importing the patented invention and importing a product made by a process patented in the importing country. Each one of these acts constitutes an independent right granted…

A granted patent does not mean instant cash flow. The protected invention must be transformed in a marketable product in order to generate revenue and profits. There might be a long way to go before a patented product or process…

It is the claims that define the boundaries of the patent owner’s rights. Don’t fall into the trap of concluding that the title or the abstract or the general description found in the text of the patent indicates what is…

A patent is awarded by the government of a country and is valid only within its territorial boundaries. To obtain a patent that is valid in a particular country, a request must be made in that country’s patent office. There…

5 – Patents Have A Limited Lifetime

According to the TRIPS Agreement, a country belonging to the World Trade Organization (WTO) must grant a patent at least a 20-year term from the earliest filing date of the application. TRIPS came into effect in 1995 in the industrialized…

Unlike publications in scientific journals, patent applications are not sent to reviewers for comments on technological aspects. Patent applications are assessed by patent examiners, who, in the major jurisdictions, have both a technological and legal background. They determine whether a…

A patent application is filed with a set of claims. The patent applications with the claims are generally published 18 months after the filing date. Sometimes the claims are written much more broadly than is actually patentable. As the application…

The confusion and misunderstanding about “international patents” arises sometimes from the PCT process of pursuing patents. When looking at a PCT application, many people erroneously, but understandably, conclude that it is an application for a patent that will be valid…