Foreign Patent Filing and PCT Application
Posted on May 19, 2008 - Filed Under Law | Leave a Comment
Intellectual Property, Patents, Patent Cooperation Treaty, Foreign Patents, Foreign Filing, Foreign Patent Filing.
Foreign Patent Filing and PCT Applications
I. Why to Foreign File?
Many people think that there is an all encompassing international patent;
unfortunately, there really is not. Your U.S. filed patent application is only good in the United States. Thus, in order to obtain foreign patent rights, you must file separately in each foreign country because the patent laws of each country are different. With that understood, Patent Cooperation Treaty applications (PCT) can be filed designating multiple foreign countries. This is discussed in further detail in section II below.
Read More..>>Patent Laws Defined, Part I
Posted on March 29, 2008 - Filed Under Legal and Law | Leave a Comment
This article will break down some of the laws that a patent carries.
An Overview of Patent Laws
These laws are difficult for a non-lawyer to understand, but not impossible.
The patent laws administered by the Patent and Trademark Office are contained within Title 35 of the United States Code. The USPTO oversee the laws dedicated to patents. Title 35 of the United States Code is further divided into four parts:
• Title 35 - Part I – provides details on information pertaining to the Patent and Trademark Office, and its role in granting patents.
Read More..>>Patent Laws Defined, Part Ii
Posted on March 12, 2008 - Filed Under Legal and Law | Leave a Comment
United States Code – Title 35 Part Two
Part two of the United States code on obtaining a patent is quite lengthy. It starts off describing the different criteria that must be met by the invention before it can be patented. This section of Title 35 also deals with the various types of patents available, along with how to submit an application to the Patent Office. Part two of the patent laws also contains information on the guidelines used in assessing your application, and the process involved in issuing the patent.
United States Code – Title 35 Part Three
Read More..>>Patent Laws Part One
Posted on February 27, 2008 - Filed Under Legal and Law | Leave a Comment
A patent basically gives the legal right to one person to exclude others from using, making, offering to sell, importing the patented invention, or using the invention.
There are three kinds of patents, there is patent called a utility patent, another one called a plant patent , and a third called a design patent. A utility patent is granted 20 years for something new, useful, and non obvious products and processes. Plant patents are granted for 20 years and are literally for actual plants that are discovered and are asexually reproducing and distinct. Design patents run for 14 years and are granted for new original and ornamental designs for articles of manufacture.
Read More..>>China Patent System - An Overview
Posted on January 28, 2008 - Filed Under Legal and Law | Leave a Comment
There was no sustained indigenous intellectual property protection system in Chine for long. The People’s Republic of China (PRC) began to establish an intellectual property protection regime based on the Soviet model during the year 1949. In 1978, China adopted the open-door policy. The Patent Law of China was first promulgated on March 12, 1984. There are three types of patents: patents for inventions, utility models and designs.
The Article 5 of the Patent Law, no patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest. Also, no patent right shall be granted for any of the following:
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