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14 views

MIL Script

Uploaded by

Kriezhel Kim Tadle
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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● OVERVIEW

Copyright, trademark, fair use, are some of the different types of intellectual property that we
discussed in the previous topic. Although these types are very different, people often confuse
them. The following are the informations about Intellectual Property: Patent.

• BACKGROUND

A patent is a declaration issued by a government agency declaring someone as the inventor of a


new invention and having the privilege of stopping others from making, using, or selling the
invention of the claims. Governments grant these exclusive rights in exchange for the clear and
detailed public disclosure of inventions.

• DISCUSSION

In order for an innovation or invention to be patentable, the invention must satisfy the five
requirements.
The first requirement is that the patent's subject matter is patentable. The categories for
patentable subject matter are defined as broadly as any process, machine, manufacture, or
composition of matter, or improvement thereof. The Supreme Court has interpreted that anything
under the sun that is made by human beings is patentable. However, the distinction here is that
innovation has to be the product of human inventiveness, and not the product of nature.
The second requirement for patentability is that the invention is useful. Understanding patents
requires a little more technical expertise. The third requirement for patent protection is that the
invention is new or novel. Basically, if somebody else already invented or patented a similar
invention, you can't get a patent. The next one, the innovation must also be non-obvious
The final requirement is enablement. Technically, this means "the specification of the patent
shall contain a written description of the invention, and of the manner and process of making and
using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to
which it pertains to make and use the same, and shall set forth the best mode contemplated by the
inventor of carrying out his invention."

There are three types of patents:

1) Utility patents The 5 requirements we just talked about refer to utility patents.
2) Design patents protects only the ornamental appearance of an article, and not its
structure or utilitarian features. .Apple is famous for their design patents and their utility
patents.
3) Plant patents are granted to persons who first noticed the distinctiveness of a plant,
then reproduced or asexually, by grafting or cloning, rather than growing it from a seed.

What rights does a patent give?

A patent brings the right to take legal action against others who might be infringing and to claim
damages. An inventor is not required to get a patent in order to put an invention into practice, but
once the invention is made public, there will be no protection against others using the invention
and you would be unable to obtain a patent. The Intellectual Property Office does not ensure that
others do not copy a patented invention. It is up to the owner to take any necessary action to
ensure an idea is not infringed. Once ‘Granted’ or in the public domain any ideas may not be
reregistered.

• CONCLUSION
The basic purpose of patent law is to promote technical innovation and commercialization. A
patent protects inventions. These inventions can include new and useful processes, machines,
manufactures, compositions of matter as well as improvements to these.

• REFERENCES
http://www.federislaw.com.ph/faqs-resources/patent-application/

https://copyrightalliance.org/faqs/difference-copyright-patent-trademark/

https://www.dictionary.com/browse/patent

https://www.ipophil.gov.ph/patent/

https://www.bl.uk/business-and-ip-centre/articles/what-is-a-patent

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