A patent is a legal right given to the patentee by the State to exclude all others from making, using or selling the invention for a certain period of time, usually 20 years. In return, the inventor must disclose the invention so that it is free for all others to use when the patent expires.
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For a valid patent, an invention must be
2. involve an inventive step
3. be capable of industrial application
The prior art constitution varies among various jurisdictions. For example, the US patent law accepts “your disclosure” if it has been made within a year prior to the patent filing date. Other countries including India and Europe have a first to file concept where your own disclosure can constitute prior art for your patent application.
20 years. Patent is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.
A patent search helps to know if your invention already exists or is similar to any other known invention. You can explore patent databases and other available resources to identify prior art.
It simply means your patent application may get rejected on the ground of not being unique or being similar to an existing invention.
A provisional application is a legal document filed before the Patent Office that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional or complete patent application within one year.
The provisional patent application gets abandoned and you cannot claim priority to your provisional patent application.
A complete specification is a regular patent application that the patent office prosecutes, examines and grants. A complete specification consists of the full disclosure of the invention along with claims that define the legal limits of the invention.
If the patent is listed as abandoned, then it is free to use without violating any patent rights but you should always check with an attorney as it could be tied to another patent that precludes its use.
Trademark is an intellectual property consisting of recognizable sign or design in order to identify products or services from a specific source or company.
A trademark can be any word, name, symbol etc. which is used to identify and distinguish products or services of one specific seller or service provider from those of other competitors in the market.
- Brand name, logo, design and/or symbol
- Name of a product
- Name of a Service
- Brand Slogan & Tagline
TM indicates that the trademark application has been filed and the registration is under process. An applicant can use the TM beside his brand name or logo once the application is filed. He can use it until the registration is done. After completion of registration, the TM gets replaced by ® which means the trademark registration is completed and it is valid for 10 years.
- Exclusive right
- Brand recognition
- Legal Protection
- Builds trust and Goodwill
- Differentiates Product/Service
In most jurisdictions, the products for which trademarks are registered are categorized using the 45 product classes of the International Classification of Goods and Services under the Nice Agreement. Classes 1 to 34 are used for goods and classes 35 to 45 for services.
Trademarks are generally valid for 10 years with a possibility to renew every 10 years. Once a trademark is renewed, a certificate of renewal is issued to the trademark owner.
Copyright secures Creative or intellectual creations. Trademarks secure the branding under which products and services are sold. Patent secures inventions that are useful for the world and has some use.
Computer software or programs are instructions that are executed by a computer. Software is protected under copyright law and the inventions related to software are protected under patent law.