What is a patent?
It is a concession granted by governments to the inventor, by which he acquires the right to prevent others, for a limited period, from manufacturing, using or selling the invention without his permission. When patent protection is granted, the invention becomes the property of the inventor, who, like any other form of property or commercial asset, can buy, sell, lease, or rent it. Patents are territorial rights: patents applied for in Paraguay will only grant rights to the holder in Paraguay and rights to prevent others from importing the patented products into that country. To be patentable, the invention must : Being new : meaning that it was never made public in any way, anywhere in the world, before the date the patent application was filed. It involves an inventive step : if compared to what is already known, it would not be obvious to someone with good knowledge and experience in the subject. Being capable of industrial application : an invention must be able to be manufactured or used in some type of industry. This means that the invention must take the practical form of an apparatus or device, a product such as a new material, or an industrial process or method of operation. An invention is not patentable if it is : A discovery. A scientific theory or mathematical method. An aesthetic, literary, dramatic or artistic creation. A scheme or method for performing a mental act, playing a game, or conducting business. The presentation of information or a computer program. If the invention involves more than these abstract aspects so that it has physical characteristics (such as a special device for playing a new game), then it may be patentable. Furthermore, it is not possible to obtain a patent for a plant variety, a method of treating the human or animal body through surgery or therapy, or a diagnostic method . Patent protection design : Home page : Just as a book has a title page, a patent has a home page with useful bibliographic details. Use two-letter country codes. A summary – (compiled by the applicant): This design is becoming increasingly standardized, but the information provided may vary from country to country. General information : US patents are likely to include a discussion of the “state of the art” with references to key patents, books, or journal articles. Problem: The nature of the problem is described. Description of the invention : explains the step of the invention and how it works. Claims : Numbered claims cover the legal aspects of the monopoly, with the first being the primary claim and subsequent dependent claims referring to earlier claims by describing the novelty of the invention. In a published application, the claims are merely an attempt to obtain protection, whereas the granted patent has the rights recognized by law. Illustrations : as many as necessary showing the invention. A search report , usually found on the front or back page, consists at a minimum of a list of patents or other documents that suggest at least some of the inventions are not novel. More detailed search reports would indicate which claims in the application were affected, the type of relevance, and the exact page and line numbers considered relevant in the cited document. Search reports can be valuable when assessing whether an invention is truly novel. There has been standardization in classification; almost all countries now use the International Patent Classification (IPC). What rights does a patent grant? A patent grants the right to prevent others from using your invention. Alternatively, you can choose to allow others to use it under agreed-upon terms. A patent also carries the right to take legal action against others who may be infringing the law and to claim damages. An inventor is not required to obtain a patent to put an invention into practice, but once the invention is made public, there is no protection against others using the invention, and you will not be able to obtain a patent. The Intellectual Property Office does not ensure that others do not copy a patented invention. It is up to the owner to take the necessary steps to ensure that an idea is not infringed. Once an idea is ‘granted’ or in the public domain, it cannot be re-registered. Confidentiality Any invention must be kept confidential until it is filed with the Intellectual Property Office of the country where it is being applied for. A confidentiality agreement must be signed before any details or descriptions are disclosed. This does not apply to patent attorneys or other professional advisors, or to staff assisting members of the public. This is automatically a confidentiality agreement.