Understanding Important Patent Rights
Here is the important point to note by all new inventors is that patent does not providepositive right to make, use or sell his patented products, but rather it providesnegative 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.
Senthil is a registered patent agent with Indian patent office. He has the right combination of Technology, Management and Intellectual Property. Senthil is also an Inventor in seven patent applications, in the area of Product Design, Instrumentation and Process control. And also I am running a patent blog http://indiapatents.blogspot.com
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Mouthwatering Chocolate Recipes:
Marvelous Chocolate Icings, Pralines, and more:
Frostings are sweet often creamy glazes made from sugar with an added liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites or vanilla flavorings and is used to cover or decorate baked goods, such as cakes or cookies. Pastry bags are then used to apply the frosting to cakes, pies, muffins or other baked goods. A high-quality reusable pastry bag is often made from tightly woven nylon, polyester, rubber or waterproofed cotton. Medium quality bags are similar, except they are not so tightly woven and may let some contents seep through the weave or the seams. After use, a reusable bag is washed by hand and hung open to dry. A high-quality bag may last for many years.
Chocolate STICKS
- 6 tablespoonfuls of butter,
- 1/3 cup of sugar (scant),
- 1 egg,
- 1 tablespoonful of milk,
- 1 teaspoonful of vanilla or pinch of cinnamon,
- 5 teaspoonfuls of Baker's Cocoa,
- 1/8 teaspoonful of baking powder,
- 1 1/4 to 1 1/2 cups of sifted pastry flour.
Cream the butter until soft; add the sugar gradually and beat well; add the beaten egg, milk and vanilla; mix thoroughly. Sift cocoa, baking powder, and a pinch of salt with about one-half cup of the flour; stir this into the mixture first, then use the remainder of the flour, and more if necessary, to make a firm dough that will not stick to the fingers. Set on the ice to harden. Sprinkle the board with cocoa and a very little sugar. Use small pieces of the dough at a time, toss it over the board to prevent sticking, roll out thin, cut in strips about one-half inch wide and three inches long. Place closely in pan and bake in moderately hot oven three or four minutes. Great care should be taken in the baking to prevent burning.
It is advisable to gather the scraps after each rolling, if soft, and set away to harden, for fear of getting in too much cocoa, thus making them bitter.
The colder and harder the dough is, the better it can be handled; therefore it can be made the day before using.
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