There is no precise definition of what is an 'invention'. It can be a product or a process or a business method. It cannot be a mere discovery or a bare principle. The invention must be for a useful art as distinct to a fine art, so artistic or musical works are not patentable even if new and original. To be patented, the invention must meet the threshold requirements of 'novelty' and 'inventiveness' in that it must be new when compared with the previous state of knowledge in the relevant area and it must also demonstrate the exercise of inventive ingenuity when judged against that state of knowledge.
Something may be novel but still lack inventiveness if it is the obvious next step in a particular field of knowledge. For example, synthetic paint brushes may be new but not inventive given that most articles previously made from natural materials are logically now made from artificial materials.
The patent system is based on the policy of encouraging innovation by granting limited monopoly rights of commercial exploitation to inventors in return for which the inventor must fully disclose details of the invention. Disclosure of the invention encourages further research and gives the public access to the invention once the monopoly expires. It is not possible to patent artistic creations, mathematical models, mere schemes or mental processes.
This means that patent protection is generally not relevant to artists; however, it may be relevant to an arts organisation or individual seeking to protect a new business method. Applications are processed more quickly and the threshold for registrability is lower than for a standard patent in that an applicant must merely demonstrate an innovative step. An innovation patent is appropriate for something that is not sufficiently inventive to meet the inventive threshold required for standard patents.
An innovation patent exhibits something that is different to existing knowledge and the difference makes a substantial contribution to the working of the invention. Patent protection is not automatic and only exists after an application has been made and is accepted by IP Australia. For a patent to be granted, the application must satisfy the legal requirements set out in the Patents Act Cth.
Any demonstration, discussion, sale or use of the invention in public before a patent application is filed may prevent successful patenting. This is because once the invention has been disclosed to the public, it will no longer be 'new'. Although there are some exceptions to this rule, it is important that inventors do not disclose their creations to third parties for example commercial partners except on a confidential basis pursuant to written confidentiality agreements.
For further information and a sample confidentiality agreement see Arts Law's information sheet Protecting Your Ideas. Prior to filing a patent application, it is advisable to retain a Patent Attorney to carry out a comprehensive search to assess whether there are existing inventions or technologies which could be obstacles to registration. Patent registration is a costly process and particularly frustrating if unsuccessful because of the existence of an earlier patent or publication which could have been identified prior to lodging the application.
However, even if the invention is not able to meet the requirement of 'inventiveness' for a standard patent, it may still meet the lower threshold required for an innovation patent. It can be a device, substance, method or a process. It is possible to obtain a patent for a computer software related invention. With the application of technological innovation and particularly information and communication technology to the methods and systems used in commerce, there has been a growing number of applications for software patents, including patents that cover methods of doing business using software.
A business system is a method of operating an enterprise, or of processing financial or management data, in a field of economic endeavour. A business system or method will typically involve a method of resource management, advertising, marketing and customer service.
It includes but is not limited to the use of the internet and e-commerce in business. You can, however, copyright the pattern you used to make your craft. Once you have attained a copyright for your pattern, others may ask to license it from you so they can create and sell crafts based on it.
Create a pattern for your craft. Include diagrams, step-by-step instructions and images of your finished work. Search the database on the U.
Copyright Office website to make sure no one has copyrighted a similar pattern. You cannot obtain a copyright for a pattern that is similar to something already protected. This set of rights allows the author or creator the right to copy, distribute and adapt their work. A patent is granted by the state or national government to an inventor or their assignee in exchange for public disclosure of an invention for a limited period of time.
Then a trademark is a distinctive sign or indicator to identify the products or services to consumers by individuals, business organizations or other legal entity to distinguish their products and services from others. Trademarks require active use and re-registration to be perpetual, but they can be abandoned.
It can be canceled or revoked if not continually used. Patents are only given a minimum of twenty years and kept in force by paying renewal or maintenance fees. Yet with a copyright it will last for the life of the author. Copyrights are generally enforced as civil matters, yet some criminal sanctions do exist in some jurisdictions.
Patents are subject to the challenge of the accused infringer of the validity of the patent, which usually finds the patent invalid. Trademarks that are registered can demonstrate its rights and enforce them through infringement actions.
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