Standard for Awards for Patents

Standards for award for patents

Introduction

A patent for an invention is granted by government to the inventor, giving the inventor the right to stop others, for a limited period, from making, using or selling the invention without their permission. When patent protection is granted the invention becomes the property of the inventor, which like any other form of property or business asset can be bought, sold, rented or hired, provided all the necessary information is disclosed to the authority. A granted patent is considered the highest form of ownership, as compared to trademarks and copyrights. An invention may have no boundaries to be granted a patent, provided it is not a natural discovery, scientific formula, rules of a game, presentation of information, etc., and must fulfill all the standards discussed below.

Invention is Novel or New

An invention can be regarded as novel if it is a skill or an art that was previously not known or implemented, or patented by another individual or organization. In other words, there is a difference between the invention and its prior art. It may also be possible that a new invention which may constitute of similar elements from previous inventions may be denied a patent for that invention as there is no element of novelty in the invention. There may also arise the ‘one-year rule’ situation where an individual may destroy the novelty or newness of his/her invention by delaying the application of his patent for over one year after determining the invention as patent worthy as the invention may not be novel after one year and in such circumstances, the patent may be denied.

Invention must constitute an inventive step

The inventiveness or non-obviousness test is considered as the most difficult barrier in applying for the patent. The invention is compared with implemented inventions to determine whether it is a new invention or mere combinations of prior inventions, in which case it may be regarded as obvious and the patent is denied. The level of inventiveness may also be considered in terms of the gap between the invention and previous implemented arts/methods. Using this standard to determine the award of patents is highly contested and has brought about conflicts. An examiner may find an invention as the next step from its prior art whereas another examiner may feel that the invention shows a leap from its prior art but is not obvious.

Invention must be Industrially Applicable

In order to be patentable, an invention must be industrially applicable i.e. It can be produced or utilized in any kind of productive activity, or service. This