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Law of Patents - Essay Example

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Law of Patents

In many countries there are restricted areas where patent laws are applicable and these include such areas as methods of businesses and also act of mentality. The patent rights prevent other entities from selling, using, making or distribution of the invention without the patentee permission (Lehman, 1995).
Agreement on Trade Related Aspects of Intellectual Property Rights of the World Trade Organization is applicable to all members of the organization as far as any inventions are considered especially as far as technology is concerned. The protection term has been to be more than twenty years by the organization (Steinberg, 2005).
A patent excludes others from making use of your invention for a limited period usually 20 years subject to fees maintenance. In essence it is like any other property right because it can be sold, transferred, or basically abandoned once the exclusive period has expired. The government is the provider of the exclusive rights but only if you agree to provide the invention details to the public after the stipulated period of 20 years or 17 years. The rights of the patent vary according to different nations (Silverthorne, 2004).
Since the patent gives the patent holder some exclusive rights and indeed a monopoly it does not however mean that the patent holder can in any way can abuse the patent. For instance, a number of inventions are further developments of prior inventions which mean that the invention may as well be covered by another person patent. If the inventor adds a new feature to existing design and makes new improvements to the design and in the process obtain a patent in accordance to the design improvement then he/she can only build his/her improvements legally with the patent holder's permission if only the original patent is still being used. Also the owner of the improved design can rule out the patent holder of the original design from using the improved design. Some nations have established working provisions which require that the invention should be exploited according to the areas it covers. Failure to do that may result to revocation or transfer of the patent rights but usually can be challenged by the patent holder (Steinberg, 2005).
Patent is generally imposed through civil lawsuits although some nations such as France have established criminal penalties for reckless infringement. Characteristically, the patent holder will demand compensation for the past encroachment and will look for an injunction ruling out the accused infringer from future acts of infringement. In order to establish that the acts of infringement are practiced, the patent owner should establish that the defendant is practicing one of the claims of the patent.
In most cases patents are resolved through patent licensing but not through litigation. There is basically a kind of contract in which the patent holder is in agreement with the licensee in order not to sue for infringement but usually in return for some form of payment. In reality it is a common scenario to find out that major companies that engage in technical production enter into some form of license agreements that guarantees them smooth production of their products. It is equally the same to the competitors in such fields that license patents to guarantee them cross-sectional access to patents of ...Show more

Summary

A patent law is the exclusive right that is granted by a sovereign entity especially a state of an investor or the representative of an investor for a period of time in exchange to the investor or the representative to reveal an invention. The investor or the representative of the investor is known as patentee…
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Law of Patents essay example
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