Some countries might at the time of registration problem a "provisional patent" and might grant a "grace time period" of 1 yr which avoids the invalidity of the patent to an inventor who disclosed his invention before filing a patent in a non-confidential basis with the how to get a patent benefit of allowing rapid dissemination of technical data even though reserving the industrial exploitation of the invention. Based on the nation, the 1st "inventor" or the 1st "filer" has priority to the patent.
The patent is legitimate only in a offered territory. Hence, the patent stays nationwide. It is attainable to file a patent application for a specific nation (INPI for France, the USPTO for the U.S., JPO for Japan), or a group of countries (with the EPO for 38 European countries, filing a PCT application for the 142 signatories of the Treaty). Hence, a patent application may cover several countries.
In return, the invention need to be disclosed to the public. In practice, patents are immediately published 18 months after the priority date, that is to say, after the very first filing, except in special instances.
To be patentable, besides the fact that it need to be an "invention", an invention should also meet three important criteria.
1. It should be new, that is to say that nothing at all related has ever been available to the public understanding, by any means whatsoever (written, oral, use. ), and anywhere. It also must not match the content of a patent that was filed but not nevertheless published.
2. It need to have inventive step, that is to say, it can not be obvious from the prior art.
3. It should have industrial application, that is to say, it can be used or manufactured in any sort of business, like agriculture (excluding operates of artwork or crafts, for illustration).
When a firm believes that its competitors are unlikely to uncover 1 of its secrets in the course of the period of coverage of any patent, or that the inventions ideas business would not be able to detect infringement or enforce its rights, it can decide on not to file, which carries a threat and a inventions benefit.
The chance: If a competitor finds the identical procedure and obtains a patent on it, the business may be prohibited to use his personal invention ( the French law and American law vary on this level, 1 contemplating the evidence at the date of discovery, and the other at the date of publication). French law also includes a so-called exception of "prior private possession" for a individual who can show that the alleged invention was indeed infringed already in its possession prior to the filing date of the patent application. In this kind of situation, operation would only be ready to proceed for that man or woman on the French territory.
The benefit: If there is no patent, the technique is not published and for that reason the business can assume to proceed operation in concept indefinitely (Nevertheless in practice, a person will most likely discover the concept a single day, but the duration of protection may end up longer in total). This technique of trade secret and for that reason non- patenting is employed in some cases by the chemical market.