0
Who has more rights to an invention first in use or first person to apply for patent?
Wiki User
∙ 11y ago
Under US patent laws, the first to invent has the exclusive right to the patent, even if someone else files for or obtains a patent on a similar invention later.
This is not the law in any other country and the US law is changing in March 2013.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
Where can you apply for invention patents?
If someone has invented something that they wish to patent, they will need to apply for a patent at the nearest patent office and provide details of the invention, preferably take the invention with them.
Who should one contact when patenting a new invention?
Patents are property rights granted by the Government of the country in which the person requesting the patent resides. Once the person has the required information, they can present their patent application at the appropriate office (generally a Patent Office within a Government building). In some countries, it is possible to apply for a patent online.
What is the cheapest way to patent an invention?
There is only one way to get a patent: apply to the Patent Office in your country.
What patent did Alexander Graham Bell apply for a patent on what invention on Valentine's Day?
in 1876
If you have an improvement on an invention how do you patent it?
You will want to visit the official Patent and Trademark office online to see if your idea has been patented first then apply for a patent.
How do patents encourage technological progress?
Patents are used to balance the right of the individual with the concept of the public good. In general, the purpose of a patent is two-fold: to allow the inventor of some new thing to retain exclusive rights as to its use for a limited period of time, and after that time to ensure that the details of the invention are available for public use. By granting the patent-holder exclusive rights to their invention, use and duplication of the invention is at the sole discretion of the inventor, potentially allowing them to profit from it. However, after a period of time those exclusive rights cease to apply, and the new invention becomes available to the public. This contributes to the public good by increasing the amount of general knowledge available.
Can an employee apply for a patent?
Certainly. The actual holder of the patent will depend upon the employment agreement. If the employee developed the idea while working for the employer, the patent will belong to that employer. Many employers have a program set up to give a bonus to the employee if the patent is granted. If it is created outside of work, the individual retains all rights. Depends on whether you're employed to create inventions and whether your employer has asked you to assign your rights to the company, and whether the invention is related to the company's business. If your invention was "created" as part of your employment, then no, you have no particular right to apply for a patent, as you do not technically own it; the company does. The company could, for example, decide to keep your invention "trade secret" or (contrarily) to disclose it for the world to use without anyone able to patent it. Or they may simply not have the interest in the new discovery to justify putting any money into it. Generally, in U.S. patent practice, an employee has a fiduciary obligation to the company to disclose all new inventions related to the business. The company can then decide if it wants to retain patent counsel for the purpose of strategizing and filing one or more patent applications. However, the name of each and every inventor (of the invention claimed) must be shown on the patent application. The patent attorney will usually ask each inventor to sign a formal "assignment of rights" in the invention and the patent(s) that may be issued. On the other hand, a number of very successful companies have been formed when an inventor obtained permission to patent something that his employer had refused to pursue. Other countries have rules that may differ somewhat, such as whether the company or the owner is the initial "owner" of the intellectual property, and who has the right or the power to file an application.
Are there ways you can legally protect your rights to an idea to enhance a product for an existing company that you don't work for?
You could apply for a patent. Contact the US Patent Ofiice for information on how.
Can an illegal alien apply for a US patent?
No, an illegal alien cannot apply for a patent. If you are not legally in the US then why should you have the rights given by the Constitution? -I got a patent as an Illegal alien. I also served subpoenas. There is no law against this. I am now a US citizen. God bless USA !
Patenting New Invention Ideas?
The simple answer is no—you cannot patent an idea for an invention. The invention itself has to be produced or a patent application containing the invention must be filed with the U.K. Patent and Trademark Office (UKIPO). While all inventions start with an idea, not every idea can be called an invention. Understanding the difference between ideas and inventions is critical to understanding the core ideas about patents, what a patent is, how to get a patent, and when to file a patent. Here are a few things to keep in mind.
What does it mean when something is patent?
Patent is when a person invents an idea or product and in order to make it their own so that no one else can use it, they apply for a patent. This insures that only the person who originated the idea may use or profit off of it.
How do you patent an item in Ireland?
Apply for a Europian patent.
