Unit 1 - General Patent Principles Flashcards
What is a patent?
A monopoly granted by a state to an inventor for a fixed period of time in exchange for devising and disclosing an invention.
What are the advantages of the patent system?
- Technical advancement
- Growth of wealth
- Provides inventor with incentive to innovate
- Allows inventors to recover research & development cost
- Has created vast library of technical information
- inventions must be disclosed to public
What is role of patent paralegal?
Work with patent attorney in exercise of their duties:
- Reviewing & distributing incoming correspondence
- Identifying/recording/attending to required actions
- Preparing patent applications
- Monitoring and acting on diarised deadlines
- Dealing with client queries
- Instructing overseas agents
What is duty of care?
Requirement that the reasonable person in the circumstances would act with watchfulness, attention, caution and prudenc towards others & public.
What is Patent Paralegal Duty of Care?
- Proving duty of care has been met may mean it’s possible to put some matters right
- Firm has lots of procedures & checks to follow
- If you make or spot errors. Report promptly. Early identification can make easier to fix mistake
- Ask if unsure
Fixed period of time
Patent is limited in time (usually 20 years) so when patent expires anyone can use invention
Monopoly
Set of exclusive rights, e.g. to use, sell & manufacture something
Inventor
Person who develops an invention
Inventor entitled to apply for patent. Entitlement can be transferred to another party by virtue of employment/agreement
Granted by the state
Patents are granted by the state via national and regional patent offices
Invention
Must be an invention which must be new and not obvious
Disclosure
In the form of a written patent specification which includes a description of the invention informing the public how to put the invention into effect and distinct statement of the invention (claim)
What is the General Patent Grant Timeline?
- Filing
- Search
- Publication
- Examination
- Allowance
- Grant
- Patent maintenance until patent ceases
What is the contents of patent application?
- Forms
- Specification made up of:
- Description
- Claims
- Abstract
- Drawings
What is meant by maintenance?
Renewal fees must be paid to keep patent in force. Usually due annually and increase in costs each year
What is publication?
The content of the application is disclosed to the public
