Patents
A patent is a governmental grant of exclusive control?over a new invention?a material, product, or process?for a specific period of time, normally 20 years. A patent is granted as a reward for innovation, usually technical innovation. Recently, in some countries, including the United States, a patent may be granted on a new method for doing business. To qualify for a patent, the discovery must be useful, novel, and nonobvious?that is, not an extension of existing technology that would be obvious to an expert in the field.
The patent holder has the legal right to prevent others from producing, using, selling, or importing objects that infringe on the patent. A patent holder may license third parties to manufacture or sell the invention, usually in return for royalties. A patent holder can prohibit a competitor from using or selling an equivalent invention, even if the competitor has made an independent discovery, not relying on the patent holder?s research.
Patents are frequently described as monopolies, but there is no guarantee of monopolistic rewards unless the invention attracts willing buyers. In addition, the economic benefits of a patent are secure only if the patent holder has the financial ability to defend the patent against infringement or legal challenges, because patent litigation is very costly. Individual inventors or small businesses may not be able to defend patent rights. Patents are granted by national patent offices; among the most important are the United States Patent and Trademark Office and the Japan Patent Office. Some economic regions cooperate on patent policy, notably the European Patent Office. In 1994, during the creation of the World Trade Organization, member nations signed the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This international agreement sets rigorous basic standards for legal protection of intellectual property rights in member countries.
The TRIPS agreement recognized some permissible national limitations on patent rights. The agreement permits compulsory licensing of patents, allowing competitors or the government to manufacture essential patented products or to use crucial patented processes to respond to a national emergency, such as a public health crisis. When a compulsory license is issued, the patent holder is entitled to reasonable compensation.
The TRIPS agreement also allows a nation to refuse to patent plant, animal, or human life and to refuse to patent products or processes that cause serious environmental harm. If a country does not permit the patenting of plants, the government must offer an alternative legal mechanism to protect the property interests of plant breeders who create new varieties.
Influenced by the legal tradition of some European countries, TRIPS allows nations to refuse to patent an innovation if necessary to protect the ordre public or morality. The ordre public is similar to the public interest. The concept is comparable to legal restrictions on contracts that violate public policy. In the early 20th century, some patent offices refused to approve applications for contraceptive devices, for example. Those who advocate very limited use of the ordre public exemption question whether the staff of a national patent office has the training or resources to resolve the ethical issues raised by patent applications and, hence, to decide wisely that certain applications be rejected on the grounds of offense against standards of public morality.
Tags: infringement, patent, patent holder, technical innovationchf temperature caroline wozniacki caroline wozniacki ua ua weeds
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