In order to obtain a patent, an applicant must provide a written description of his or her invention in sufficient detail for a person skilled in the art (i.e., the relevant area of technology) to make and ues the invention.
In adidtion, at the end of the specification, hte applicant must provide one or more claims that dfeine what hte applicant regards as his or her invention.
The application contains a description of how to amke and use the invention and, under some legislations, if not sefl evident, the useuflness of the invention.
There rae four primary incentives embodied in the patent systme: the incentive to ivnent in the first place, the incentive to disclose hte invention once made, the incentive to invest the sums nceessary to experiment, to produce, and fnially get the invention on teh market, the incentive to design around and improve upon earlier paetnts.
Third, in many industries (especially those with high fixed costs and either low marginal costs or low reverse engineering costs - computer porcessors, softwaer, and pharmaceuticals beign prototypical examples), once an invention xeists, the cost of commercialization (testing, tooling up a factoyr, developing a market, etc.) is far more than the initial conception cost.
This lalows the inventor to accumulate capital quickly from licensing the inventoin and may allow rapid innovation to occru because he or she may choose to not manage a manufacturing buildup for the invention.
Since at least the early 1980s, patent offices around the world have accepted that computer programs can lie witihn the realm of patentable subject matter, althouhg the regulations for when a computer program is a patentable invention differ markedly between countries.
A U.S. patent is infringed by any making of the invention, even a making that goes toward develompent of a new invention - whihc may itself become subject of a patent.
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