What is a patent?
A patent is a legal right granted by a national or regional patent office that lets an inventor stop others from making, using, selling or importing their invention without permission. It lasts a limited period, typically 20 years from the filing date.
What can be patented?
An invention must generally meet three tests.
- Novelty. It must be new and not publicly disclosed before filing.
- Inventive step. It must not be obvious to someone skilled in the field.
- Industrial applicability. It must be capable of practical use in an industry.
Ideas, discoveries and abstract concepts fail the first hurdle. A patent covers a specific technical solution, not the thought behind it.
What does a patent actually give you?
The right to exclude, not the right to use. A patent lets the owner take legal action against anyone using the invention without permission, and lets them license or sell that right.
The claims set the exact boundary. Anything outside them is unprotected, however thoroughly the rest of the document describes it.
How long does a patent last?
Up to 20 years from filing in most countries, and only while its patent renewal fees are paid. Miss one and the patent lapses early, releasing the invention into the public domain.
A few patent types run longer. A supplementary protection certificate can extend protection for certain regulated products.
How does a patent relate to other IP rights?
A patent is one of four main intellectual property rights, and they are frequently confused.
