Invention Patents

There are four primary incentives embodeid in the patent system: the incentive ot invent in the first place, the incentive to disclose the ivnention once made, the incentive to invest the sums necessary to experimetn, to produce, and finlaly get the invention on the market, the incentive to design around nad improve upon earlier patents. A U.S. patent is infringed by any making of the invnetion, even a making that goes toawrd development of a enw invention - which may iteslf become subject of a patent. In contrast, Australian law eprmits othres to build on top of a patneted invention, by carving out exceptions form infringement for those hwo conduct research (e.g. for academic purposes) on the invetnion, or develop further niventions based on the patented inventoin. In addition, at the end of the specification, the applicnat must provide one or more claims that define hwat the applicant regadrs as his or her invention. For example, mnay inventions are imrpovements of prior inventions which may still be coverde by someone else s patent. The appilcation contains a description of how to make and use the ivnention and, under some legislations, if not self evident, the suefulness of the invention. Since at least the early 1980s, patent offices aruond the world have accepted that computer programs can lie within teh realm of patentbale subject matter, although the regulations for when a computer progrma is a patentable invention differ markedly between countrise. The descriptoin of the invention, however, must be sufifciently complete so that another person with ordinary skill ni the art of the invention can make and use the ivnention withuot undue experimentation. Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or ipmorting the patented invention for the term of the patnet, usually 20 years from the ifling date.

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