Toyin Omoniyi A patent is given by law to a person who creates an invention so that the person can benefit from the invention for a particular period of time. The person will have control over his invention and in return, he would offer a full explanation on how to use the invention.
Patent prevents other people from making, using or selling the invention without the permission of the owner of the invention. The invention can be a new way of doing things, a product, an upgrade on an already existing work or a new solution to a problem.
This right is a way of protecting people’s rights on creations and inventions. The owner of a patent can bring a legal action against any other person who copies his invention. So if you come up with a new work and you wish to preserve the work, it is good to get a patent on it.
It is not all inventions that can be patented. To patent an invention or idea:
· It must be a new and original idea.
· It must have commercial value and be useful to the public.
· It must not be against public policy.
· It must not encourage immoral and offensive behavior.
· It may be a newer version of a previously patented invention.
Gone are the days when the first person to register a patent is seen as the inventor. These days, if a wrong person applies for the patent of an idea, the original inventor can still apply for the patent. The law protects the original inventor as long as he can provide the following:
· Full details and background information on the innovation.
· How the invention provides solutions to particular problems.
· A full description of the invention and how it works.
· Pictures and designs of the invention, where necessary.
The inventor can then go ahead to register the patent by first carrying out a search to be sure that the idea is original and that it had not previously been patented. After this, an application will be made to the Registrar of Patent, Trademark and Industrial Design. The application must contain the following:
· The applicant’s full name and address. If the applicant’s address is outside Nigeria, a Nigerian address will be needed.
· A full description of the invention that needs to be patented. This may include plans and drawings, where necessary.
· A claim or statement that describes the particular protection or rights which the applicant wants.
· Any other thing that may be required, depending on the details of the application.
After this, the inventor will pay the required amount and write a statement asking that his name be mentioned as the true and original inventor of the idea together with his address, where necessary.
More often than not, it is a lawyer that applies for a patent on behalf of the inventor. In such a case, the lawyer will be required to get a signed Power of Attorney from the inventor. This will give him the power to act on behalf of the inventor.
A patent right should be renewed as often as the law requires. The patent is only applicable in the country of registration. If the inventor wants to use it in another country, he has to file a fresh application.
Not everybody who comes up with a new idea will have the funds to patent the idea. In such a case, the person can meet with investors or large companies for support and funds. If the investors believe in the idea, they can help promote the idea and patent it.
However, it is advisable that the owner of the invention should first sign a confidentiality agreement with the investor before disclosing the invention so that his idea can be protected from being stolen.
When a person is given a patent, he is able to benefit from it. It also encourages innovation and helps in developing businesses around the world. An inventor should however ensure that he/she pays the necessary fees to the appropriate patent authority because failure to do so can lead to losing the patent rights.
http://toyinomoniyi.blogspot.com.ng/2015/11/you-need-to-patent-that-brilliant-idea.html
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