Understanding Your Patent Rights
When an inventor comes up with new and innovative product, most of the time inventor feels that he can get patent right on his product to have monopoly and to make, use and sell his patented product.
Here is the important point to note by all new inventors is that patent does not provide positive right to make, use or sell his patented products, but rather it provides negative right to exclude others from making, using or selling the invention. Do you understand the above statement? If your answer is no, then please read further.
Here you will get a clear picture by reading the following simple example "stool and chair invention concept", which is familiar to all patent practitioners.
A portable seating appliance art 'stool' having platform with three legs was invented by Abraham. And he applied for a patent and obtained patent grant for his invention.
Another inventor Bartholomew had come with invention "chair", in which he added a fourth leg, back support and arm support to have more comfortable. As the "chair' has improvement over the 'stool', the patent office granted a patent to Bartholomew for his invention.
Now there is interesting question, who owns what rights?
Abraham invented basic portable appliance art 'stool', and he can exclude others from making, using, or selling his stool invention and also he can make, use and sell his invention 'stool' with out any fear of infringing others patent right. Hence, he has both negative right and positive right on his invention.
Where as, Bartholomew can only exclude [negative right] others from making, using or selling devices which has four leg, back support and arm support, and his patent does not give him any right to make these devices. Indeed, since chair also has a platform and three legs [which is equivalent to stool], if chairs are made without obtaining a license from Abraham, then it will be infringing Abraham's stool patent.
Thus, it will be clear that a person having a patent does not give that person the right to practice his invention. The basic patent only has both positive and negative right, where as all improvement patent enables their owner to exclude others from practicing their patented products.
About the Author:Senthil is a registered Indian Patent Agent with Indian Patent Office and a Patent Consultant in a niche IP Consulting firm,Intepat IP Services. Senthil is also an Inventor in the area of product design, controls and instrumentation.
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Superb Chocolate Recipes:
Appetizing Chocolate Caramels, Penuche, and more:
Icing, also called frosting, is a sweet often creamy glaze made of sugar with a liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites, cream cheese, or vanilla and is used to decorate, cover or add flavor to cakes, cookies or other baked goods.
Chocolate Nut Caramels
2 cups of granulated sugar, 1-1/2 cups of glucose (pure corn syrup), 2 cups of cream, 1 cup of butter, 3 or 4 squares of Baker's Chocolate, 1-1/2 cups of English walnut meats, 2 teaspoonfuls of vanilla extract.
Put the sugar, glucose, _one_ cup of the cream and the butter over the fire; stir and cook until the mixture boils vigorously, then gradually add the other cup of cream. Do not allow the mixture to stop boiling while the cream is being added. Cook until the thermometer registers 250° F., stirring gently--move the thermometer, to stir beneath it--every four or five minutes. Without a thermometer boil until--when tested by dropping a little in cold water--a hard ball may be formed in the water. Remove from the fire, add the chocolate and nuts and beat until the chocolate is melted; beat in the vanilla and turn into a biscuit pan, nicely oiled or buttered, to make a sheet three-fourths an inch thick. When nearly cold turn from the pan and cut into cubes.
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