What is patent?
What Is a Patent?
A patent is a legal right granted by a government to an inventor for a new and useful invention. It gives the inventor exclusive control to make, use, sell, or license the invention for a limited period, in exchange for publicly disclosing how the invention works. Patents encourage innovation by protecting investments in research and development.
Key Features
- Exclusive rights: Others cannot make, use, sell, or import the invention without permission.
- Limited duration: Typically 20 years from the filing date (subject to maintenance/renewal rules).
- Territorial scope: Protection applies only in the countries where the patent is granted.
- Public disclosure: The patent document explains the invention, helping others learn and build on the idea.
Patentability Requirements
- Novelty: The invention must be new (not previously published or known).
- Inventive step (non-obviousness): It should not be an obvious improvement to someone skilled in the field.
- Industrial applicability (utility): It must be capable of practical use.
Types of Patents
- Utility patents: Protect functional inventions like machines, processes, or compositions.
- Design patents/registrations: Protect the ornamental appearance of a product.
- Plant patents: Protect new, distinct plant varieties (in some jurisdictions).
Rights of the Patentee
- To make, use, sell, and license the invention.
- To stop others from unauthorized use.
- To seek damages or injunctions for infringement.
Note for CSE Students
In software and cyber domains, pure algorithms or abstract ideas are generally not patentable. However, software that produces a concrete technical effect or is tied to specific hardware may be patentable depending on the jurisdiction. Alternatives like copyright (for code) and trade secrets are also relevant.