A patent is an intellectual house correct that provides the holder, not an working correct, but a proper to prohibit the use by a third get together of the patented invention, from a certain date and for a restricted duration (normally twenty years).

Some countries might at the time of registration concern a "provisional patent" and could grant a "grace time period" ideas for inventions of a single 12 months which avoids the invalidity of the patent to an inventor who disclosed his invention prior to filing a patent in a non-confidential basis with the advantage of allowing fast dissemination of technical info even though reserving the industrial exploitation of the invention. Based on the nation, the very first "inventor" or the very first "filer" has priority to the patent.

The patent is valid only in a provided territory. Hence, the patent remains nationwide. It is attainable to file a patent application for a particular country (INPI for product development France, the USPTO for the U.S., JPO for Japan), or a group of nations (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). Therefore, a patent application might cover many nations.

In return, the invention need to be disclosed to the public. In practice, patents are automatically published 18 months right after the priority date, that is to patent office say, after the first filing, except in particular situations.

To be patentable, aside from the reality that it have to be an "invention", an invention must also meet 3 crucial criteria.

1. It must be new, that is to say that nothing at all similar has ever been accessible to the public knowledge, by any implies whatsoever (written, oral, use. ), and anywhere. It also need to not match the material of a patent that was filed but not however published.

2. It must have inventive phase, that is to say, it can't be apparent from the prior art.

3. It should have industrial application, that is to say, it can be employed or produced in any kind of business, including agriculture (excluding functions of art or crafts, for instance).

When a business believes that its rivals are unlikely to learn one particular of its secrets throughout the time period of coverage of any patent, or that the business would not be capable to detect infringement or enforce its rights, it can select not to file, which carries a risk and a benefit.

The chance: If a competitor finds the exact same approach and obtains a patent on it, the company could be prohibited to use his own invention ( the French law and American law vary on this level, 1 contemplating the proof at the date of discovery, and the other at the date of publication). French law also involves a so-known as exception of "prior private possession" for a particular person who can demonstrate that the alleged invention was certainly infringed previously in its possession prior to the filing date of the patent application. In this kind of case, operation would only be ready to continue for that individual on the French territory.

The benefit: If there is no patent, the strategy is not published and therefore the organization can count on to carry on operation in theory indefinitely (Nevertheless in practice, somebody will most likely find the thought a single day, but the duration of protection may finish up longer in complete). This system of trade secret and consequently non- patenting is used in some situations by the chemical industry.