subject: History of Patents and IPR [print this page] History of Patents and IPR History of Patents and IPR
The Patent Act was further amended in 1836, when it was realized that a more thorough description was needed; without a thorough description of the invention, it was harder to file a lawsuit against someone accused of illegally using the patent.
The first national patent system was influenced by Thomas Jefferson in 1790. This was actually added to the United States Constitution in order to protect the rights of inventors. From this began the growth of the American corporation.
Its not surprising to sees the world's largest and oldest manufacturer Nokia, fighting with new niche premium mobile manufacturer Apple over the patent wars. Nokia sued Apple over usage of signalling techniques, Apple fired back over the usage of scrollbars and Nokia again filed a new lawsuit against Apple's iPad.
Another important method of determining the strength and weakness of patents is citation analysis. A critical analysis of forward and backward citation analysis can predict the probability of the patent under examination to be entered into litigations.
This one may come as a bit of a surprise. Thomas Edison didn't actually invent the light bulb. What he did was improve on a fifty year old idea. In 1879, using lower current, a small carbonized filament, and an improved vacuum inside the globe, he was able to produce a reliable, long-lasting source of light.
Patent Growth Percent in Area - The change in the number of patents from one time period to another, expressed as a percentage. This identifies technologies receiving increasing emphasis and those in which innovation is slackening off.
The patent application examination extended over several months and the granting happened over even longer durations. Between 1790 and 1793 only 57 patents were issued owing to inefficiency at the level of processing patent applications.
In the case of a patent, the rules of patentability are laid down in law, and certain discoveries are exempted from the process. These exemptions include items already existing in nature, scientific theories, and some diagnostic methods.
Identify the actual contribution. The purpose of this step is to allow the patent examiners to identify categorically what an inventor has contributed to the stock of human knowledge through the creation of his or her invention. It is the substance of the invention which requires the consideration.
If the services of a patent agent fall outside of your budget, it is entirely possible to draft and file an application alone without the help of a legal professional. Instead of hiring a patent agent to draft and file your application, you can draft it and send it to the IPO yourself.
The third requirement, the novelty requirement, prompts the inventor to show that their invention is new in some way. An invention will fail this requirement if it is identical to a reference that has been previously made to your invention.
But still, this was unable to meet the Indian Requirement of encouraging access to foreign technologies as it involved high costs. In order to avoid this shortcoming , patents were issued for methods of producing products i.e the process but not for the product themselves.
