Definition Of Patent Law
What Is The Definition Of Patent Law
o put it simply and in a way understandable to everyone, the definition of patent law is that it is a legal arrangement wherein the inventor gets an exclusive right over his invention for a limited period of time, after which anyone could use the product freely.
Patent law works on the basic moral premise that the one who invents a product has the first right to it and this right cannot be taken away without his consent. Therefore, patent law provides for a limited period exclusivity to the patent holder. During this time the patent holder can charge whatever fee he wishes to for the use of his patented product.
After the prescribed period the patent protection expires and the product comes out in open for anyone to use. And now no one has to pay a fee to anyone for the use of the product.
However, before the patent protection could be made available, there are certain conditions that have to be necessarily satisfied. The first and the foremost of these conditions is that the product or the service should be distinctive enough. It should neither be an imitation of an exiting product, nor a minor improvement on something already patented. Patent can also not be granted on the use of traditional knowledge. Let's say, there is herb whose medicinal value and use is traditionally known to the people living in the vicinity. It is widely known within that geographical area. The patent for a cream that works on the medicinal value of the herb cannot be granted because the knowledge is already in public domain. Therefore, it cannot be brought into private domain and made exclusive. To put it simply, you have the right to get a patent on only an invention and not a discovery as such. You could make a discovery and then make a product on the basis of that discovery. This is permissible because the patent is available on the product not the discovery. However, use of traditional knowledge cannot be patented. So, if you think you have got a product or you have a developed a process that deserves to be patented, you could look for a lawyer to file for patent. Once you get the patent on the product, you product could bring in enough royalties to you. You may or may not use your technology to produce anything. Anyone who uses it would pay you for using it. It is like lending your technology and getting paid for it. It is a fair deal, isn't it? So, probably the best definition of patent law would be that it is a boon that protects the inventor's interests and keeps him inspired to work.