Patent Right Application

January 19, 2009
Intellectual Property News and Interesting Facts

The word unique means one of a kind, but what does it mean as part of the patent right application?

It means that in order to success with the patent right application the invention must be new. The invention may not be used anywhere in the countries forming part of the specific international patent right agreement if it is an international application. It must not have been published about or described in a publication before.

The same rules apply as for a local patent right application. Even if it was the inventor self who published information before the original filing date for application, the patent right application can thus not succeed. It also means that the invention must be original and not obvious.

It can thus not be something that has already been invented and now just changed. You cannot for instance, just substitute one material for another and then get the patent right to the invention.