The Nature of Patentable Inventions

The terms used give classification of patentable inventions

1. Process – The word process as used in patents refers to new methods of manufacturing or new technological procedures that can be validated as unique.

2. Machine – In patent law means that the patent application if for a specific physical item.

3. Manufacture- refers to physical items that have fabricated through new combinations of materials or technical applications.

The application must explain how the product is made including materials processes.

4. Composition of Matter- this category is patent law relates to the chemical compounds such as synthetic materials, medicine, cosmetics etc.

Types of Patents

Patent law provides for three categories of patents namely

1. The utility patent: Utility patent is granted for new products processes, machines, methods of manufacturing and composition of matter. This category excludes, most botanical creations related to plant and agricultural use.

2. The design patents: Are granted for any new or original ornamental design for an article of manufacture. A design patent protects the appearance of an article and not the article itself.

3. The plant patents: In botanical terms any, new variety of plant that have been sexually reproduced can be granted a plant patent. The new plant must not exist in nature or in an uncultivated state. Therefore new plants hybrids and seedlings may be patented.

4. Disclosures: The patent office provides an important service of limited protection through the invention disclosure programme. As a first step in seeking protection from the disclosure statement – the aim is to register an idea with the government. The investor explains what the item is, that it is new and useful and how it is to be used copy is given or photograph.

 This gives the investors protection as evidence of any legal tassel, or conflicting claims giving the investor priority.

The Patent Procedures

The disclosure: When an idea is first reduced to sketches on paper or when it is mocked up, a disclosure should be filed. This is a measure of insurance that precedes the actual patent and provides legal recognition for all aspiring inventors. If someone took the sketches or steals the idea, evidence is on record.

The patent sketch: A patent sketch is required to determine whether an inventor’s creation already exists and remains actively protected under the law.

The preliminary section: The preliminary search scans the patent summaries for prior claims or invention. Records are accessed to make judgments and diligent decisions are made.

Collecting search documents: The application can the collect the approved documents for further processing.

Making the patent application:  A formal application is now made at the search and is sent to the commissioner of patents and trade market;

The application contains three parts.

A description of the item

A set of drawings

A formal oath or declaration

Payment of patent filing ideas

Trademarks

Trademarks include any word, name, symbol or distinguishing device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.

Trade-marks can be names used in commerce such as KCA it can be a symbol or any distinguishing device artistic in nature.  An important qualification for a trademark is that mark, name etc. must be used commercially.

Service mark:  Is similar to at trademark and can be registered in the same way with the sale protection A service market can be a name, wording used in advertising symbols or artistic figures that create a distinctive service concept.

Copyrights: Are similar to patents in establishing ownership and protection for creative ideas but they pertain to the intellectual property. The copyright is distinct from patents and trademarks in that intellectual property is protected for the life of the originator plus a further 50 years.  This protection affords an extraordinary property right and substantial estates. It extends protection to author, composers and artists.

 Trade Secrets: Are proprietary information used in the course of business to gain an advantage in manufacturing or commercialization of products or services.

Trade secrets

Formulas, patterns, list of customers, data bases, chemical compounds, combinations of ingredients for commercial products, process of manufacturing and Complied information.

Every organization must keep their secrets because:

·       Modern communications systems contain so much information which if not guarded, the business may collapse.

·       Employees leaving may disseminate information to competitors.

·       In any business to maintain a market Niche, then desire to protect their product.

Trade Secrets

In certain instances the entrepreneur may prefer to maintain an idea or process as confidential, and eventually sell or license it as a trade secret. The trade secret will have a life as long as the idea or process remains secret. A trade secret in not covered by any law but is recognized under a governing body.

Employees involved in working with an idea or process may be asked to first sign a confidential information agreement that will protect against their giving out the trade secret either while as employees or when leaving the organization – this is called trade secret non -disclosure agreement.  Most entrepreneurs have limited resources so they choose not to find means of protecting their ideas or products or services