Patents101- The Basics
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This document provides an overview of patents, explaining that a patent represents a monopoly over a new invention, which can be a product or process. It details the role of specifications and claims in patent documentation, emphasizing the reciprocal agreement between the inventor and the public. The document also introduces the concept of infringement and highlights the importance of drafting claims accurately.
Patents101- The Basics
- 1. Patents 101 Part 1: The Basics Jane Lambert 25 April 2020
- 2. Content • What is a patent? • What is a monopoly? • What is an invention? • What is a specification • The inventor’s bargain with the public • The teaching • The claims
- 3. What is a patent? A monopoly of a new invention.
- 4. What is a monopoly? An exclusive right to exploit an invention. If the invention is a product, the exclusive right to make, import, sell, market, use or keep the product. If the invention is a process, the exclusive right to use the process including importing, marketing or selling anything made from it.
- 5. What is a monopoly? A patent may be infringed even if the infringer developed his or her product independently, in good faith and without any knowledge of the patent. Compare a patent to a copyright which merely restricts certain acts like copying or publishing a copyright work.
- 6. What is an invention? There is no statutory definition of “invention” in most countries’ patent laws. Most statutes indicate that an invention can be a product or a process. All refer to the invention as the part of a specification known as a “claim”.
- 7. What is a specification? The specification is the document that contains the patent. It consists of two parts: • The description and • The claims.
- 8. What is a specification? The specification is the document that contains the patent. It consists of two parts: • A description’ and • The claims.
- 9. So what is a “claim”?
- 10. The inventor’s bargain The inventor discloses his or her invention to the public. In return, the public grant the inventor a 20 year monopoly of the invention as defined in the claims on the understanding that the claims are valid and the inventor pays the renewal fees.
- 11. The teaching The description of the invention is often referred to as the “teaching”. It usually sets out: • A technical problem • Previous attempts to solve it • A technical solution supported by drawings.
- 12. The claims The claims are the monopoly. They are set out by the inventor or more usually his or her patent attorney. Drafting claims requires great skill and a knowledge of the law and the technology. Listed in numbered paragraphs starting with the widest.
- 13. Questions and answers Jane Lambert 4-5 Gray’s Inn Square London WC1R 3AH jane.lambert@nipclaw.com www.nipclaw.com +44 (0)20 7404 5252