Katana VentraIP

Patent

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention.[1] In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights.[2]

For other uses, see Patent (disambiguation).

The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. A patent may include many claims, each of which defines a specific property right.


Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application.[3] Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years.[4] Some countries have other patent-like forms of intellectual property, such as utility models, which have a shorter monopoly period.

Definition[edit]

The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection). It is a shortened version of the term letters patent, which was an open document or instrument issued by a monarch or government granting exclusive rights to a person, predating the modern patent system. Similar grants included land patents, which were land grants by early state governments in the US, and printing patents, a precursor of modern copyright.


In modern usage, the term patent usually refers to the right granted to anyone who invents something new, useful and non-obvious. A patent is often referred to as a form of intellectual property right,[5][6] an expression which is also used to refer to trademarks and copyrights,[6] and which has proponents and detractors (see also Intellectual property § The term "intellectual property").


Some other types of intellectual property rights are also called patents in some jurisdictions: industrial design rights are called design patents in the US,[7] plant breeders' rights are sometimes called plant patents,[8] and utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents. The additional qualification utility patent is sometimes used (primarily in the US) to distinguish the primary meaning from these other types of patents.


Particular types of patents for inventions include biological patents, business method patents, chemical patents and software patents.

Low quality, already known or obvious patents hamper innovation and commercialization.[110][111]

[109]

Blocking the use of fundamental knowledge with patents creates a ", where future innovations can not take place outside of a single firm in an entire field".[112]

tragedy of the anticommons

Patents weaken the and innovation that comes from it.[113]

public domain

or "an overlapping set of patent rights", in particular slow innovation.[114][115]

Patent thickets

Broad patents prevent companies from commercializing products and hurt innovation. In the worst case, such broad patents are held by non-practicing entities (patent trolls), which do not contribute to innovation.[117][118] Enforcement by patent trolls of poor quality patents[119] has led to criticism of the patent office as well as the system itself.[120] For example, in 2011, United States business entities incurred $29 billion in direct costs because of patent trolls.[121] Lawsuits brought by "patent assertion companies" made up 61% of all patent cases in 2012, according to the Santa Clara University School of Law.[122]

[116]

Patents apply a "one size fits all" model to industries with differing needs, that is especially unproductive for the software industry.[124]

[123]

by owners of pharmaceutical patents have also been a particular focus of criticism, as the high prices they enable puts life-saving drugs out of reach of many people.[125]

Rent-seeking

"With the partial exception of the pharmaceutical industry, we just do not have clear evidence to support the assumption that patents provide significant incentives to inventive activity".

[126]

Outline of patents

maintained by World Intellectual Property Organization (WIPO)

Directory of Intellectual Property Offices

World Intellectual Property Indicators 2022 with patents statistics

maintained by the European Patent Office

Useful links

Patent Practitioner Homepage

U.S. Patent Classification

OECD Patent statistics