Kyleigh ing | 16 October 2022
Everyone wants credit when they create the next generation changing innovation. However, the problem is, the credit may be falsely claimed by someone who stole another’s idea. This is why patents were created to protect ingenious inventions to avoid this “stealing.”
A patent can be materialized as a certificate and grants a person the right to their original products or processes. With a patent, the invention can not be made or used commercially, distributed or imported without the patent holder’s consent, this is called patent infringement. The rights are only valid within the country that it was filed and approved in and the patent follows the country’s regulations. They are usually valid for up to 20 years from the date it was filed.
To obtain a patent the invention must meet certain criteria including that it must be new, useful or inventive. In addition, it must be a product, composition (For example the chemical composition in hairspray), machine, process of making something or improving any of the above. Computer codes however, are not eligible for a patent as they are classified under literary works that grants it automatic copyright protection. Computer programs are different in the sense that if they modify the function of a computer to solve a solution, it will be eligible for a patent. Ideas, concepts, discoveries, scientific principles, forms of energy and printed matter are not eligible for patents.
Under Canadian law, an invention cannot be claimed as patented if it is pending or simply has not been filed and doing so is illegal. Insead, if the patent has been filed but not yet granted, it can be labeled as patent pending. When applying for a patent the application must fully disclose the invention itself. The description will be available to the public with its purpose being to advance society and implement the knowledge to others in related fields. The patent can be sold, licensed or claimed as an asset, by the owner, to attract investors. The owner is also responsible for enforcing the terms of their patent and taking action against any inventions that may violate it.
Patents are a great way to secure an original and ingenious creation and ensure that no one copies it. They are very complicated structures that can take a very long time to process. This is why many choose to go through patent agencies to help make the process easier and to ensure it is done correctly. While they are a complicated and long process, they can prove to be very beneficial in the long run.
Works Cited
Canadian Intellectual Property Office. “What is a patent?” Government of Canada, https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr03716.html.
“Patents.” WIPO, https://www.wipo.int/patents/en/. Accessed 16 October 2022.
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