Kathmandu University School of Law

Patent:
Concept, Basic Elements, and Patent Prosecution

- Ayush Gurung

SN
Table of Contents
1 Introduction of Patent (Concept)

2 Basic Elements

3 Patent Prosecution

4 Conclusion
 1. Introduction

Intellectual property (IP) law is a body of law that protects the creations of the human mind, such
as inventions, literary and artistic works, and symbols, names, and designs used in commerce. IP
law is important because it encourages creativity and innovation by giving creators the incentive
to share their work with the public.

One of the most important types of IP is a patent. A patent is a government grant that gives the
inventor exclusive rights to make, use, sell, or offer to sell an invention for a certain period of
time. The patent system is designed to encourage innovation by giving inventors the incentive to
disclose their inventions to the public in return for a limited monopoly.

To be patentable, an invention must meet three criteria:

● It must be novel. This means that it must be new and not previously known in the world
before the date of the patent application.
● It must be useful. This means that it must have a practical application.
● It must be non-obvious. This means that it must not be obvious to a person having
ordinary skill in the art.

If an invention meets these criteria, it can be patented. The patent will give the inventor the
exclusive right to make, use, sell, or offer to sell the invention for a period of 20 years.

In addition to patents, there are other types of IP, such as copyrights, trademarks, and trade
secrets. Copyrights protect original works of authorship, such as books, movies, and songs.
Trademarks protect words, symbols, and designs that are used to identify and distinguish goods
and services. Trade secrets protect confidential information that has commercial value.
 2. Concept of Patent

The concept of patent has been around for centuries. The first patent law was enacted in China in
the 11th century. The first patent law in Europe was enacted in Venice in the 15th century.

The modern patent system originated in England in the 17th century. The Statute of Monopolies,
which was enacted in 1624, prohibited the Crown from granting monopolies to individuals or
companies. However, the Statute of Monopolies did allow for the grant of patents for inventions
that were new and useful.

The patent system was brought to the United States by the Founding Fathers. The United States
Constitution grants Congress the power to "promote the progress of science and useful arts by
securing for limited times to authors and inventors the exclusive right to their respective writings
and discoveries."

3. Basic Elements of Patent

There are three basic elements that must be present for an invention to be patentable:

● Novelty: The invention must be new. This means that it must not have been previously
known or used by anyone in the world before the date of the application for the patent.
● Utility: The invention must be useful. This means that it must have a practical
application.
● Non-obviousness: The invention must not be obvious to a person having ordinary skill in
art.

In addition to these three basic elements, an invention must also be adequately described in the
patent application so that someone skilled in the art can understand it and make it.
 4. Patent Prosecution

The process of obtaining a patent is called patent prosecution. Patent prosecution begins with the
filing of a patent application with the appropriate patent office. The patent office will then review
the application to determine whether it meets the requirements for patentability. If the application
is approved, the patent office will issue a patent.

The patent prosecution process can be complex and time-consuming. It is important to have an
experienced patent attorney to help you through the process. A patent attorney can help you to:

● Prepare and file a patent application that meets the requirements of the patent office.
● Respond to any objections or rejections from the patent office.
● Negotiate with the patent office to obtain a favorable patent.

Conclusion

A patent is a valuable asset that can protect your invention and help you to profit from your
innovation. It can protect your invention, help you to profit from your innovation, and give you a
competitive edge in the marketplace. In addition to the benefits of obtaining a patent, there are
also some drawbacks. For example, patents can be expensive to obtain and maintain.
Additionally, patents can be challenged in court, and if the patent is invalidated, the inventor may
lose all of the exclusive rights that they had under the patent. Despite the drawbacks, patents can
be a valuable asset for inventors.

Sources:
1. books.google.com/books?id=tzXjvL_0eHIC
2. books.google.com/books?id=OltZAAAAIAAJ