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A "utility" or "functional" patent is an exclusive right to make, use, and
sell a new and useful process, machine, manufacture, or other composition,
or any new and useful improvement on it. Design patents are related to the
appearance of a manufactured article, not its use or operation. |
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To be patented, something must be novel, useful and non-obvious. |
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Novelty is the fact that an invention is new in form and function or
performance, and is not anticipated by the prior art, which covers
anything disclosed to the public, by means of a written or oral
disclosure, by use, or in any other way prior to the relevant filing date.
If the invention has been previously patented, described in a publication
or known or used by others, it is not novel. |
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The Patent Office should search prior patents to determine whether a
proposed patent conflicts with a previously issued or pending patent. A
patent validity differs from a country to another but not for more than 20
years which cannot be renewed. |
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Once a patent lapses, the invention enters the public domain; this means
that anyone can make, use, or sell it without obtaining a license from the
inventor. However, a person can combine or add to unpatented or lapsed
works in such a way as to create a new, patented invention. |
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