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A patent is for protecting an invention. The term
"patent" usually relates to the legal right of protection, the actual government certificate (deed)
which reflects that right, and a document called a patent specification which accompanies the
certificate. The scope of the invention and the protection claimed is defined in the specification,
which also describes the invention, usually with reference to drawings, diagrams, or the
like. Essentially, a patent specification is both a legal and a technical document. The proper
drafting of patent specifications involves a high level of skill and experience, and is
one of the core functions of a patent attorney.
The term "invention" usually relates to an
apparatus or device, method or process for doing something (including possibly a method of doing
business), a system, or something similar. A patent essentially gives the holder of the patent the
exclusive right to commercially exploit the invention for during the life of the
patent.
Why get a patent?
In virtually all cases, an invention is the product of significant
research and development, ingenuity, imagination, and hard work. In addition, there is a often a
substantial investment of time and/or money in conceiving an invention.
Most inventions are easy to copy or reverse engineer. As a result, if
you have developed an invention, and if you do not have a patent, other people may be free to
copy and have the commercial benefits of the invention, but without having to invest the time and
money, as they are relying on your investment. Consequently, your competitors may have a commercial
advantage over you.
A patent can give one the exclusive right to commercially exploit the
invention so as to prevent competitors from having this advantage. To draft
It is also possible, and quite common, for people who acquire patents
to licence their patents to others in exchange for a royalty, or to sell (assign) all of theirs
rights in the patent .
Patents can also provide businesses
with commercial leverage. For example, if you have a competitor in your industry that has patents,
and you also have patents, this can give you something to bargain with so that, for example, you
and your competitor may licence each other in relation to your respective inventions. Without
having your own patents, your competitor may be able to corner the market.
Please call us or email us to enquire about an obligation-free initial
discussion or cost estimate for your matter. All communications are treated in absolute confidence.
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