A patent is an exclusive right granted by a sovereign authority to a product, process or service

innovation that is novel or confers a new solution to a technical problem.

Patents are granted to encourage people and firms to invent as they will be able to benefit from
their intellectual effort and financial investment.
A patent provides the inventor exclusive rights to the patented process, design, or invention for a
certain period in exchange for a complete disclosure of the invention
Patent protection is granted for a limited period of 20 years, this however depends on the type of
patent (utility, plant & design).
Patent protection means that the invention cannot be commercially made, used, distributed or
sold without the patent owner's consent.
However, once a patent expires, the protection ends, and an invention enters the public domain,
ie , the owner no longer holds exclusive rights to the invention, which becomes available to
commercial exploitation by others
Patent is considered a form 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 years in
exchange for publishing an enabling public disclosure of the invention However, this rights may
change depending on the status of the patent in play.

The status of patent can be classified in to three categories

a) Abandoned - To patent you pay some fee and then pay yearly fee. If you stop paying the
yearly fee the patent status becomes abandoned and patents is no longer protected
b) Active - patent that is protected and can only be used only with authorization by patent owner
usually at a fee. A patent owner has the right to decide who may - or may not - use the patented
invention for the period in which the invention is protected.
The patent owner may give permission to, or license, other parties to use the invention on
mutually agreed terms.
The owner may also sell the right to the invention to someone else, who will then become the
new owner of the patent
c) Expired After 20 years a patent expires and invention is no longer protected and is available
to be used for free. Some developing countries search for expired and abandoned patents and use
them in technology development.

Patentable subject matter can be broadly classified into four broad categories:
1. Process - refer to any acts or methods of doing something, usually involving industrial or
technical processes. A process is a sequence of steps to do something. for manufacturing solar
panels, A software algorithm for encrypting data, A business method for optimizing supply chain
logistics and A chemical process for synthesizing a new compound.
2. Machine - include things that are generally defined as a machine, such as a computer
Examples: A robotic arm used in manufacturing. A 3D printer. A drone with advanced
navigation systems.
3. Manufacture - are defined as goods that are manufactured or made (A smartphone. A bicycle
frame.)
4. Composition of Matter - are basically chemical compositions, which can include a mixture of
ingredients or new chemical compounds. (A new pharmaceutical drug. A synthetic polymer used
in packaging.)

Conditions for patentability

1.Must be patentable matter
2.Must have Industrial applicability
3.Novel
4.Must have an inventive step

The patent law provides three categories of patents:

1.Utility Patents–A utility patent is granted for a new product process, machine method of
manufacturing and composition of matter. This category excludes most botanical creations
related to plant and agricultural use.
A utility patent can also be obtained for new and useful improvements to existing processes,
compositions of matter, machines, and manufactures.
2.Design Patents –deal with appearance or aesthetics of an object, and not the functionality. A
design is defined as the "surface ornamentation" of an object, which can include the shape or
configuration of an object.
In order to obtain this type of patent protection, the design must be inseparable from the object.
While the object and its design must be inseparable, a design patent with only protect the object's
appearance. In order to protect the functional or structural features of an object, a person must
also file for a utility patent.
3.Plant Patents–obtained to protect new and distinctive plants. Any new variety of plant that has
been asexually reproduced can be granted a plant patent. The new plant must not exist in nature
or in an uncultivated state. Therefore new plants, mutants, hybrids, and seedlings may be
patented provided the inventor can satisfy the Patent Office that the new plant did not evolve
from nature.
A few requirements to obtain this type of patent are that the plant is not a tuber propagated plant
(i.e. an Irish potato), the plant is not found in an uncultivated state, and the plant can be asexually
reproduced. Asexual reproduction means that instead of being reproduced with seed, the plant is
reproduced by grafting or cutting the plant. Plant patents require asexual reproduction because
it's proof that the patent applicant can reproduce the plant.

Patent protection can only be obtained by filing an application with the relevant Patent and
Trademark Office
Types of Patent protection
A provisional patent application can be filed to give the applicant more time to figure out the
specifics of the invention or discovery while protecting the invention or discovery from being
patented by someone else.
A person who files a provisional patent application has one year from the date of filing to file a
corresponding non-provisional application.

The non-provisional patent application begins the official examination process from the time of
filing to determine if an invention or discovery is eligible to receive patent protection.

Elements of a patent
1.Abstract short technical description of the patent
2.Specification details a patent and how it differs from other inventions
3.Description provides complete invention component and how it works
4.Background describes patent prior art. Prior art are existing related technologies and is
important because it helps establish how patent is new and differs from other inventions
5.Diagrams -may include diagrams showing how invention works
6.Claims -gives scope and boundaries of an inventions

Patents Search engines

●​ Google patent –searches for us patent office, European patent office and WIPO.
●​ worldwide.espacenet.com–produced by European patent office
●​ ww.pat2pdf.org –a free patent tool
●​ Patentscope WIPO search engine that provides access to international patents
Freepatentsonline
●​ About.com
●​ Registry
●​ Inventnow

Patent classification schemes

International patent classification (IPC) most widely used classification scheme for patents
•Human necessities •Performing operation –transport •Chemistry –metallurgy •Textile: paper
•Mechanical engineering:; lighting, heating •Civil engineering building accessories •Physics
•Electricity •instrumentation
Benefits of Patenting
1.Stop others using your invention
2.Get protection for specified amount of time like 20 years
3.You can use patent to develop products
4.You can license patent at a fee
5.You can raise prices since competitors are blocked
6.The patent can be a barrier for competitor to enter industry
7. Knowledge about invention becomes available to society and can be used to create other
inventions.
8.You company will be favored by investors as inventing is an indication organization has
innovation capabilities
9.Patents for invention when used to create substitute products will help organization enter new
market.

Disadvantages of Patenting
1. Makes knowledge public which might have been better protected by other means like trade
secrets
2.Cost of patent -whether patent will be successful or not. The majority of patents are never used.
(when inventing make sure its something that can be commercialized easily)
3.Paying annual fee
4.Expensive to invent and legal costs
5.Competitors may use details in patents that are not protected for their own benefit such as
design
6.Competitors may invent variants of patent that make it difficult to improve you invention
through incremental innovations
7.A very comprehensive understanding is required for areas with many patents to make sure that
you patent doesn’t infringe on existing patents
8.Its very expensive to protect patent through litigation
9.Patents are territorial so the patent you obtain may not apply to other countries. It may be
necessary to get patents in those countries

Unpatentable Matter
●​ Scientific Theory, mathematical method or discovery –you use telescope and discover a
planet
●​ A Rule or scheme for performing mental act, playing a game or rule of doing business

Questions for Deciding whether to patent/invent

1.You capabilities and resources
2.Possible benefits if invention succeeds. Possible loss if competitor creates similar invention.
3.The likelihood of succeeding in innovation
4.Risks associated with your invention
5.Value of innovation as well cost of patenting and maintaining the patent compared with
alternative investments you would make (cost benefit analysis of innovation as compared to
alternative ways of generating income

Trade Secrets
Trade secrets protect something by keeping it secret. A secret (method, device or formula) that
gives a manufacturer an advantage over the competition.

Differences between patents and copyright

1.Copyright protection cheaper than patents
2.Copy protect expression of idea patent protects technical implementation of idea
3.Copyright cheaper and inexpensive to create than patents
4.patent protect inventions but copyright may protect common ideas expressed in a unique way.