Which one of the following is a right granted to the inventor of a product?

When you register a patent for your invention, you hold the exclusive right to use the patent. This means that no other person can take advantage of that patent, unless your permission is sought.

When your patent portfolio is properly managed, it can present many economic opportunities – whether as a means to develop new and cutting-edge technologies, raise investment, or extract value from third parties through sale or licensing.

Once your patent is granted, it will be protected for 20 years from the Date of Filing. Thereafter, the patent is to be maintained yearly, starting from the 5th year.

You can protect your invention with a patent. A patent can be used to prohibit others from copying, selling or importing your invention.

What is a patent?

A patent is the exclusive intellectual property right to an invention of a technical product or process.

Protection of an invention

Patent rights protect inventions. If you have a patent, others are in principle not permitted to make, use, resell, rent out, supply, import or stock your invention, or offer it to someone else.

The Netherlands Patent Office receives 2,500 to 3,000 applications a year. Examples of patented inventions include the multifunctional pushchair that can be adjusted to diverse angles, the storm-proof umbrella Senz, the Senseo coffeemaker, the clap skate, and Dutch crispbakes (beschuit) with indentations.

Patent applications: the three criteria

Patent applications must satisfy the following three criteria:

  • Novelty

    This means that your invention must not have been made public – not even by yourself – before the date of the application.
  • Inventive step

    This means that your product or process must be an inventive solution. It cannot be a solution that would be obvious to a manufacturer. Take the example of a different attachment method. Instead of welding the tubes of a swing together, they might be screwed together. This may well be a new method of making swings. But for someone involved in making them, it is too obvious a solution to be called an inventive step.
  • Industrial applicability

    This criterion implies that it must be possible to actually manufacture the new invention. In other words, you can apply for a patent on a new kind of playing card that is easier to hold than existing cards. But you can’t obtain a patent for an idea for a new card game.

These rules are laid down in the Patents Act 1995.

Patents Database

If the Netherlands Patent Office grants the patent, the technology will be made public in the patent databases and registers. Companies can consult these to see if the technology they wish to develop has already been patented. They can also see which of their competitors are already doing research and development work on a particular technology.

Patent outside the Netherlands

A patent is a national right. You may also decide to apply for a European patent or for one that applies worldwide.

Applying for patent protection in the EU with a single application

From 2017 onwards, a single patent will apply to the Netherlands and throughout the EU. After this ‘unitary patent’ enters into force, separate patents will only be required for Spain and Croatia.

Getting a patent revoked

Someone who considers that your invention does not meet the criteria for a patent can try to have your patent revoked. These proceedings are heard by the district court in The Hague. This court must decide whether your patent does in fact fulfil the criteria, and whether it should be revoked or upheld.

Patent licence for the use of an invention

You can give others permission to make, sell or administer your patented product or process. Patent holders can grant such permission by issuing a patent licence.

A patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. The patent system is designed to encourage inventions that are unique and useful to society. Congress was given the power to grant patents in the Constitution, and federal statutes and rules govern patents.

The U.S. Patent and Trademark Office (USPTO) grants patents for inventions that meet statutory criteria. The following provides a general overview of what a patent is.

Patent Categories

There are three different kinds of patents: utility patents, design patents and plant patents.

  1. Utility Patents: The most common type of patent, these are granted to new machines, chemicals, and processes.
  2. Design Patents: Granted to protect the unique appearance or design of manufactured objects, such as the surface ornamentation or overall design of the object.
  3. Plant Patents: Granted for the invention and asexual reproduction of new and distinct plant varieties, including hybrids (asexual reproduction means the plant is reproduced by means other than from seeds, such as by grafting or rooting of cuttings).

Determining What is Patentable: The Basics

For an invention to qualify for a patent, it must be both "novel" and "non-obvious." An invention is novel if it is different from other similar inventions in one or more of its parts. It also must not have been publicly used, sold, or patented by another inventor within a year of the date the patent application was filed. This rule reflects the public policy favoring quick disclosure of technological progress. An invention is non-obvious if someone who is skilled in the field of the invention would consider the invention an unexpected or surprising development.

Naturally occurring substances and laws of nature, even if they are newly discovered, cannot be patented. Abstract principles, fundamental truths, calculation methods, and mathematical formulas also are not patentable. A process that uses such a formula or method can be patented, however. For example, a patent has been granted for an industrial process for molding rubber articles that depends upon a mathematical equation and involves the use of a computer program.

A patent cannot be obtained for a mere idea or suggestion. The inventor must have figured out the concrete means of implementing his or her ideas in order to get a patent. A patent also will not be granted for an invention with no legal purpose or for an unsafe drug.

Usefulness

An inventor applying for a utility patent must prove that the invention is useful. The invention must have some beneficial use and must be operable. A machine that will not operate to perform its intended purpose would not be called useful, and therefore would not be granted a patent. A useful invention may qualify for a utility patent only if it falls into one of five categories: a process, a machine, a manufacture, a composition of matter, or an improvement of one of these.

A process is a method of treating material to produce a specific physical change in the character or quality of the material, generally an industrial or technical process. A machine is a device that uses energy to get work done. The term manufacture refers to a process in which an article is made by the art or industry of people. A composition of matter may include a mixture of ingredients or a new chemical compound. An improvement is any addition to or alteration of a known process, machine, manufacture, or composition.

Examples of Patentable Items

These categories include practically everything made by humans and the processes for making the products. Examples of things that are patentable include:

  • Computer software and hardware;
  • Chemical formulas and processes;
  • Genetically engineered bacteria, plants, and animals;
  • Drugs;
  • Medical devices;
  • Furniture design;
  • Jewelry;
  • Fabrics and fabric design; and
  • Musical instruments.

Applying for Patent Protection

Unlike a copyright, a patent does not arise automatically; an inventor must apply for a patent. The inventor must apply within one year of publicly disclosing the invention, such as by publishing a description of the invention or offering it for sale. An inventor, or his or her attorney, generally makes a preliminary patent search before applying for a patent to determine if it is feasible to proceed with the application. The application and a fee are submitted to the U.S. Patent and Trademark Office, where it is reviewed by a patent examiner.

If a patent is granted, the inventor must pay another fee, and the government publishes a description of the invention and its use. Only a patent attorney or patent agent may prosecute patents before the PTO. Before a person may be licensed as a patent attorney or patent agent, she must have a degree in certain technical or scientific fields.

Utility and plant patents last for 20 years from the application date; design patents last for fourteen years. If the owner of a utility patent does not pay maintenance fees, the patent will expire earlier. After a patent expires, the invention becomes public property and can be used or sold by anyone. For example, after the patent on Tylenol expired, other pharmaceutical companies began producing a generic version of the drug.

Patent Infringement

If an inventor thinks someone has used his or her patented invention without permission, he or she may bring a lawsuit against the infringer. If the court agrees, it may award the patent holder costs, attorney's fees, damages in an amount equal to a reasonable royalty, and an injunction (an order prohibiting another person from infringing the patent). An action for infringement can be time-consuming and costly, so infringement cases often are settled.

Patent Law is Complicated: Contact an Attorney

If you have an invention that you would like to have protected, it's a good idea to get acquainted with patent law and intellectual property law in general. With a patent, you can license to other companies or go into business yourself; but failure to properly register your patent can end your dreams. Make sure you contact a patent law attorney if you need legal assistance patenting your novel invention.

See FindLaw's Patents section for extensive coverage of this topic or learn more on our state-specific patents law legal answers page.

What is the right granted to an inventor?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

Which of the following is a right granted to the inventor of a product or process that excludes others from making using or selling the invention?

Patents are a right granted to an inventor that allows them to exclude all others from making, using, or selling their invention for 20 years. In the U.S. the U.S. Patent and Trademark Office reviews and approves patent applications, which provide protection against others stealing their idea.
A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others.

What rights are granted by a patent?

Ownership of a patent gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing into the United States the invention claimed in the patent.