What Must Have You to Prove Invention
What is a patent? What is the place of patents with regards to technological advancement and progress? Modern society had evolved as information age erupted giving birth to the World Wide Web, where one can witness jam-packed business concepts and inventions. With the globalization of the society, it becomes more important to acquire exclusive rights for a particular invention so as to reduce the risk of corrupt competition. Patent protects the inventor’s intellectual rights for his/her product invention.
Patents offer inventors monopolies on their creations for specific periods, and thus provide incentives for research and development (Business Development Center). With patent and copyright, people are encouraged to create, take risk in inventing new devices, or perfect new products. However, a patent can only be granted for something that is tangible and not for anything abstract like a scientific idea, computer program or business method (Business Development Center). Information, data on the disk, research notes taken from google, yahoo or any search engine are not qualified to be given a patent.
It has to be an embodiment of a concept, something that is physically tangible. Novelty, functionality and ingenuity are three basic criteria for having an invention patented (Business Development Center). Applying for a patent is done with the assistance of the Patent Office, which implements guidelines and procedures for proper filing of patent to any invention. But how would an inventor prove his ownership of invention? How will he user his computerized data to apply for a patent on his invention? In the United States, there is the law of conception, which is a very important patent law.
It is putting together the idea and then a game plan, which is about how to proceed with the idea. This shows the first person to come up with the concept so he will be awarded exclusive rights to that invention. After having that, he should immediately work on his invention. And one way to prove his invention is having it documented with proof. The proof of ownership also entails that the inventor is able to show diligent working procedures to complete the invention (Business Development Center). The purchased supply require the receipts to serve as evidence of the progressing invention under the production phase (Quinn).
A working schedule is also required and Quinn advises to keep “an invention notebook, which is like a work diary” (2009) as it will prove valuable in proving the invention. Quinn explains that “This process is trying to accomplish what the law calls a reduction to practice. You do not need to have a prototype built in order to get a patent, but you will need to be able to describe your invention with enough specificity so that someone who is technically skilled in the area of the invention can understand how to make and use the invention” (2009).
Quinn adds that “If your invention is complex, more explanation and definition is required. If it is relatively simple then less explanation is required. The more specificity you provide, however, the easier it will be for you and/or your patent attorney to write a patent application” (2009). Going now to having a notebook patented and proving ownership of the invention, all the requirements mentioned earlier are of extreme importance. There are also legal issues that inventors should be aware of.
There is that law that requires proof of priority of invention, which can be applied to electronic record keeping. Thus, it is the legal principles that are paramount, not the technology, per se, of record keeping (Electronic Notebooks). More important to consider is that an invention can only be proven true through corroboration of the inventor’s claim by someone other than him (Electronic Notebooks), that is, to stand as witness to invention claim. Works Cited
Business Development Center. A Guide to Patents Part 1. 30 May 2009 <http://www. bdc-canada. com/BDC/services/patent_registration. htm? gclid=CJSWqeeK4poCFc0tpAoddByPCQ>. Electronic Notebooks and the Requirements to Prove Date of Invention in Patent Interferences. 30 May 2009 <http://www. neifeld. com/electronicnotebooksandproofofpriority_031109. htm>. Quinn, Gene. “The Invention Process. ” 28 May 2009. IPWatchdog. com. 30 May 2009 <http://www. ipwatchdog. com/inventing/invention-process>.
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