Difference between inventing and stealing

[mamech]

Hello Everyone

I have known, that if I invented something and patented it in my country, and someone in another country, in which my invention is not patented, reverse engineered or emulated my idea and patented it on his own, then he will not be guilty. Really, I do not understand how come.

Why patent law does not protect the inventor all over the world? Are the persons who set those rules for patent law, left this gap intentionally? And what was their aim ?

 

[obscure]

Patent law does protect patents all over the world.... if you choose to register all over the world. if you choose not to register a patent in a particular territory that is your choice.

 

[ANOTHER REBEL]

I suggest you look at this website. The cost of patenting in every country would be horrendous.

http://www.wipo.int/about-wipo/en/what_is_wipo.html

 

[mamech]

But what I know is, if you invented something and have a patent for it in some country, then the patent will be enforceable only in this country. How then patent law protect the inventor world wide?

 

[Naughty Vend]

Patent law does protect patents all over the world.... if you choose to register all over the world. if you choose not to register a patent in a particular territory that is your choice.

Mamech, re-posted this above for you...

 

[mamech]

Ok, it seems that there is some sort of misunderstanding.

If person X invented something, and he patented it in his own country only, then if person Y came with the same invention in another country and tried to patent it, Will he succeed to patent it, as it is not protected there?

 

[Naughty Vend]

Yes, unless you object and file patent.

 

[mamech]

Yes, unless you object and file patent.

Is objection before he patents, or after ?

 

[ANOTHER REBEL]

I suggest you read the link I posted earlier. Some Countries take the view that once something is in production, and available in another country, then it is public knowledge, and therefore cannot be patented.

 

[creativebw]

When you file a patent application in the UK, this gives you the potential for obtaining a patent in any country of the world which is party to International Patent Law. However, you must adhere to strict rules regarding the timing of certain required actions by yourself, under patent law, and it will cost money for labour charges for the preparation and filing of the patent specification and for Official Fees at the Intellectual Property Office.

Eventually, during the process of attempting to obtain a patent on an invention relating to an assumed novel, product, or process, your patent application will be compared with others, which were filed before yours was filed. If the Patent Examiner agrees that you have a new and novel product or process, the patent will be granted.

When a patent is granted, and kept alive by the owner, in particular countries, no one can manufacture, sell, or use, the associated product or process, without the consent of the owner of the granted patent, for a period of 20 years from the date of filing.

However, whilst the owner would have no protection in any country in which he or she had no patent protection (i.e. anyone could make, sell, or use the product or process in a country in which there was no patent protection in force) no one else could obtain a granted patent for the same invention in any country of the world. This applies even if the granted patent is in only one country.

Also, no other person can obtain a patent on a specification which is merely published but without grant, i.e. abandoned after publication, because, once published, a specification will prevent anyone from obtaining a granted patent on the same claimed invention.

Patently Creative.