National Intellectual Property Organization
World IP Day 2015



 
Industrial IP

Patent

A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusive right implies that no one else can make, use, import manufacture or market the invention without the consent of the patent holder. This right is available for a limited period of time. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. There is nothing like a global patent or a world patent. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries. However, there are some regional systems where by filing one application one could simultaneously obtain patents in the member countries of a regional system; European Patent Office is an example of a similar system.

Patent protection helps a patentee to enjoy his patent rights for a certain period of time and then after that period expires the patented invention is made available to the public so that they can use it. Patent protection serves the following purposes:

It gives protection to a patentable invention for the exclusive use of it by its inventor.

It gives a legal recognition to the invention and therefore the inventor’s rights are legally protected and can be enforced by him in the court of law.

It also makes others aware of the fact as to whom does the invention belong

It leads to development of the human society as patents are not protected for infinity and so after the expiry of the protection period the invention is made available to the public for use.

Patenting ones invention make useful data relating to the invention available to other inventors for further research and development.


Article
The Scientist, the Patent and the Mangoes - Tripling the Mango Yield in the Philippines

By Elizabeth March, WIPO Magazine Editorial Team** Source: WIPO Magazine Issue No. 6/2008 dated June 2008
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