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Patent

A concise guide to patents, explaining their purpose, legal meaning, and real-world applications for innovators and businesses.

Written By: author avatar Tumisang Bogwasi
author avatar Tumisang Bogwasi
Tumisang Bogwasi, Founder & CEO of Brimco. 2X Award-Winning Entrepreneur. It all started with a popsicle stand.

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What is a Patent?

A patent is a legal right granted by a government to an inventor, giving them exclusive control over the use, production, and commercialization of their invention for a specified period.

Definition
A patent is an intellectual property right that protects an invention by preventing others from making, using, or selling it without the inventor’s permission.

Key Takeaways

  • Patents grant exclusive rights to inventors for a limited time.
  • They encourage innovation by protecting and rewarding creative solutions.
  • Patents apply to novel, useful, and non-obvious inventions.

Understanding Patents

Patents exist to incentivize innovation by allowing inventors to benefit commercially from their work. Once granted, a patent provides exclusive rights usually lasting 20 years from the filing date. During this period, competitors cannot use the protected invention without licensing or authorization.

To qualify for patent protection, an invention must meet three criteria: novelty, utility, and non-obviousness. Patent applications undergo a rigorous examination to ensure these requirements are met. After expiration, the invention enters the public domain.

Patent systems vary globally, with major bodies such as the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), and the World Intellectual Property Organization (WIPO) managing filings and enforcement.

Types or Variations

Utility Patents: Protect functional inventions, such as processes, machines, or compositions of matter.
Design Patents: Protect the ornamental design or appearance of a product.
Plant Patents: Protect new and distinct plant varieties reproduced asexually.

Real-World Example

Apple Inc. holds numerous design and utility patents protecting key technologies in the iPhone. These patents prevent competitors from copying specific features, such as touch interface mechanisms or hardware designs, providing Apple a strategic advantage.

Importance in Business or Economics

Patents safeguard innovation, encourage research and development, enable competitive barriers, and create licensing opportunities. They also form significant intangible assets that can increase a company’s valuation and bargaining power.

  • Intellectual Property (IP)
  • Trademark
  • Copyright

Sources and Further Reading

Quick Reference

  • Patents protect inventions for up to 20 years.
  • Rights include preventing unauthorized use or sale.
  • Must meet novelty, utility, and non-obviousness standards.

Frequently Asked Questions (FAQs)

What qualifies for a patent?

An invention must be new, useful, and non-obvious.

How long does a patent last?

Most patents last 20 years from the filing date.

Can a patent be sold or licensed?

Yes. Patent holders may license or sell their rights for commercial gain.

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Tumisang Bogwasi
Tumisang Bogwasi

Tumisang Bogwasi, Founder & CEO of Brimco. 2X Award-Winning Entrepreneur. It all started with a popsicle stand.