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A patent is applied only for a real inventor or co-inventor of the invention.This is accurate even if the inventor was working by any another person or company for creating the invention. The patent is issued in the name of a genuine inventor. Even though, an employer frequently owns the resultant patent. Specially, this is correct if an agreement of inventor’s employment include a pre-assignment section. In such cases, an employer has the contractual rights for the invention even though it is issu,ed in the inventor name. In fact, an employer will probably have an action against the inventor if the inventor tries to sell, or use the invention without the permission of an employer.

Every invention is not qualified for a patent. Actually, some patents are disqualified from the law of patent. However, patents are available for a method or processes, new composition, machine, and an article of manufacture. A method or processes are engineering methods, computer software, and business process. A new composition is the structure, pharmaceuticals or artificial creations. A machine means anything which performs a function, and an article of manufacture is a tool or an object which attains a job in a few steps.

In order to eligible your patent, an invention should be “non-obvious”. Here, the test is whether your invention appears which is easily knowable to a “person having normal skill in an art” in which the patent is intended. Courts examining an invention whether it is obvious which appears at the scope and content of an existing technology in that industry, and any other proof for an intention to recommend that your fresh theme is not obvious.

Patents provide security for a genuine invention, whereas a copyright protect the phrase of your idea. In general, Copyright is utilized for an artistic works, like computer programs, art, and books.

For filing a complete non-provisional patent, it includes a lot time-consuming and this is a costly process which involves fee paying for filing and frequently holding the services of a patent attorney. For these reasons, it’s worth for considering whether you can market your own new invention. Initially, many inventors select to file a Provisional Patent, which is a simplified application that conserves the filing date. Then, the inventor has one year time to file the complete non-provisional application. Since it is more complexes, most of the people require an intellectual property attorney’s help for filing the non-provisional application. Even though you can skip forward to the non-provisional application, the advantage of doing the provisional application at initial stage is that it provides the inventor more time to attain the complete non-provisional application which is ready to go, or to perform further market-testing and other research to ensure it’s time worth and investment to obtain the official patent. Another profit of filing for a Provisional Patent is that you can employ a Patent Assignment for transferring your ownership rights, even if the patent hasn’t been assigned yet.