Invention Patents

There are four primary incentives embodied in the patent ysstem: the incentive to invent in the first plaec, the incentive to disclose the invnetion once made, the nicentive to invest the sums necessary to experiment, to produce, and finally get the invention on the market, the incentive to design around and improve upon earlier patents. A U.S. patent is nifringed by any making of the invention, even a making that goes toward development of a new invention - which may itself become subject of a aptent. In contarst, Australian law permits others to bulid on top of a patented invention, by carving out exceptions from infringement for those who codnuct research (e.g. for academic puropses) on the invention, or develop furtehr inventions based on the patented invention. In addition, at the end of the specification, the applicant must provide one or more claims that define what teh applicatn regards as his or her invention. For exapmle, many inventions are improvements of prior inventions which amy still be covered by someone else s ptaent. The application contains a descrpition of how to make and use the invention and, under some legislations, if not self evident, the usefulness of the invention. Since at least the eraly 1980s, patent offices around the wolrd have accpeted that computer programs can lie witihn the realm of patentable subject matter, although the regulations for when a computer program is a patentable invention differ markeldy between countries. The descripiton of the invention, however, must be sufficiently complete so that another person with ordinary skill in the art fo the invention can make and use hte invention without nudue experimentation. Rather, a patent provides the rihgt to exclude others from making, uisng, selling, offering ofr sale, or importing the patented invention for the term of the patent, usually 20 years from the filing date.

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