Definition, History, and Types of Patents
- A patent is a type of intellectual property that grants the legal right to exclude others from using, making, or selling an invention.
- The granting procedure, requirements, and extent of exclusive rights vary between countries.
- The Venetian Patent Statute of 1474 is considered the first statutory patent system.
- The English patent system evolved and became the foundation for patent law in other countries.
- Patents can cover various types of inventions, such as biological, business methods, chemical, and software patents.
- Some jurisdictions use the term 'design patents' for industrial design rights.
- Plant breeders' rights may be referred to as 'plant patents' in certain countries.
- Utility models and Gebrauchsmuster may be called 'petty patents' or 'innovation patents.'
- The term 'utility patent' is used to distinguish the primary meaning of patents from other types.

Gender Gap in Patents and International Patent Systems
- Historically, women in the US were unable to obtain patents due to legal restrictions.
- Efforts are being made to address the gender gap and promote inclusivity in the patent system.
- Patent systems vary between countries due to national laws and international agreements.
- The TRIPS Agreement ensures patents are available in WTO member states for any new, inventive, and industrially applicable invention.
- The term of patent protection should be a minimum of twenty years according to TRIPS.
- Some countries have alternative forms of intellectual property protection, such as utility models with shorter monopoly periods.

Innovation Decline and Explanations
- Patent applications have been growing for most countries, but there have been jumps in activity due to changes in local laws.
- Technologically advanced countries like France, Italy, Japan, Spain, Sweden, and the UK have seen a decline in the total number of patent families filed since the 1970s-1980s.
- Increasing cost of research as lower-hanging fruits have been picked up.
- Decrease in productivity per researcher.
- Human civilization reaching the limits of the human brain.
- Rate of innovation proportional to the rate of population growth.
- Increasing fragmentation of patent encumbrance and patent litigations.

Rights, Limitations, and Challenges of Patents
- A patent provides the right to exclude others from making, using, selling, or importing the patented invention.
- Improvements to existing inventions may still be covered by someone else's patent.
- Some countries have working provisions that require the invention to be exploited in the jurisdiction it covers.
- Third parties can challenge the validity of a patent through opposition proceedings or in court.
- Patent infringement occurs when a third party makes, uses, or sells a patented invention without authorization.
- Infringement is enforced on a national basis.
- Contributory infringement and literal infringement are forms of patent infringement.

Enforcement, Ownership, and Governing Laws
- Patents can only be enforced through civil lawsuits.
- Some countries have criminal penalties for patent infringement.
- Patent owners seek monetary compensation and injunctions against infringers.
- Natural persons and corporate entities may apply for a patent in most countries.
- Ownership of an invention may pass from the inventor to their employer in some European countries.
- Patents are governed by national laws and international treaties.
- Patents are granted by national or regional patent offices.
- Patent law is territorial, providing protection only in the country where the patent is granted.
- Patent licensing agreements grant rights to make, use, sell, or import the claimed invention.
- The TRIPS Agreement promotes global harmonization of patent laws.
- Compliance with the TRIPS agreement is important for admission to the WTO.

Patent (Wikipedia)

For other uses, see Patent (disambiguation).

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights.

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The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. A patent may include many claims, each of which defines a specific property right.

Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years. Some countries have other patent-like forms of intellectual property, such as utility models, which have a shorter monopoly period.