An invention is the result of someone’s skills and creativity, creating something new. It can be a device, process, or an enhancement to an existing item. For it to be classified as an invention, it must be unique and not easily apparent to others. Inventions can be patented, granting the creator exclusive rights to utilise and gain from it. Examples of inventions include machines, designs, and innovative applications of existing inventions.
An invention is a patentable creation that is developed through independent effort and characterized by a remarkable level of skill or ingenuity. It can also refer to the act or process of creating such a creation. In essence, anything that is created or devised can be considered an invention. For instance, a novel smartphone that has never been seen before, a machine capable of automatically sorting and packaging items based on their size and weight, or a process for producing a stronger and more durable type of plastic than what currently exists. These examples exemplify the definition of invention as they are all patentable creations or processes that were developed through independent effort and required a high level of skill or ingenuity. Additionally, an invention can also refer to:
– Distinct invention: A component of an invention that can be used independently and does not hinder the functionality of the rest of the invention if absent.
– Improvement invention: A significant and non-obvious enhancement of an existing device or process.
– New-use invention: The discovery of a new application for an existing invention.
– Software-based invention: A device or machine that utilises innovative software to achieve desired outcomes.
These additional examples demonstrate that an invention can take various forms and may involve enhancing existing inventions or uncovering new applications for them.
Yes, if your invention meets the criteria of being novel, non-obvious, and useful, you can apply for a patent to protect your invention.
In most cases, a utility patent lasts for 20 years from the date of filing, while a design patent lasts for 15 years from the date of grant.
If someone infringes on your patented invention, you can take legal action by filing a lawsuit to enforce your patent rights and seek damages.
Yes, as the patent owner, you have the right to sell or license your invention to others, allowing them to use it in exchange for royalties or a lump sum payment.
A patent protects inventions, while a trademark protects brand names, logos, or symbols that distinguish goods or services in the marketplace.
While it is not mandatory, hiring a patent attorney or agent can greatly increase your chances of successfully obtaining a patent, as they have expertise in navigating the complex patent application process.
Yes, under certain conditions, business methods and software can be patented if they meet the requirements of being novel, non-obvious, and useful.
A provisional patent application provides a filing date and establishes an early priority date, while a non-provisional patent application is a formal application that undergoes examination by the patent office.
Yes, if your improvement is novel, non-obvious, and useful, you can apply for a patent on the improvement, even if the original invention is already patented.
It is generally advisable to file a patent application before disclosing your invention publicly, as some countries have strict rules regarding public disclosure that may affect your ability to obtain a patent.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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