Understanding Your Patent Rights
When an inventor comes up with new and innovative product, most of the time inventor feels that he can get patent right on his product to have monopoly and to make, use and sell his patented product.
Here is the important point to note by all new inventors is that patent does not provide positive right to make, use or sell his patented products, but rather it provides negative right to exclude others from making, using or selling the invention. Do you understand the above statement? If your answer is no, then please read further.
Here you will get a clear picture by reading the following simple example "stool and chair invention concept", which is familiar to all patent practitioners.
A portable seating appliance art 'stool' having platform with three legs was invented by Abraham. And he applied for a patent and obtained patent grant for his invention.
Another inventor Bartholomew had come with invention "chair", in which he added a fourth leg, back support and arm support to have more comfortable. As the "chair' has improvement over the 'stool', the patent office granted a patent to Bartholomew for his invention.
Now there is interesting question, who owns what rights?
Abraham invented basic portable appliance art 'stool', and he can exclude others from making, using, or selling his stool invention and also he can make, use and sell his invention 'stool' with out any fear of infringing others patent right. Hence, he has both negative right and positive right on his invention.
Where as, Bartholomew can only exclude [negative right] others from making, using or selling devices which has four leg, back support and arm support, and his patent does not give him any right to make these devices. Indeed, since chair also has a platform and three legs [which is equivalent to stool], if chairs are made without obtaining a license from Abraham, then it will be infringing Abraham's stool patent.
Thus, it will be clear that a person having a patent does not give that person the right to practice his invention. The basic patent only has both positive and negative right, where as all improvement patent enables their owner to exclude others from practicing their patented products.
About the Author:Senthil is a registered Indian Patent Agent with Indian Patent Office and a Patent Consultant in a niche IP Consulting firm,Intepat IP Services. Senthil is also an Inventor in the area of product design, controls and instrumentation.
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Heavenly Chocolate Recipes:
Appetizing Chocolate Fudge, Icings, and more:
The simplest icing is a glacé icing, containing icing sugar and water. This can be flavored and colored as desired, for example by using lemon juice in place of the water. More complicated icings can be made by beating fat into icing sugar (as in butter cream), by melting fat and sugar together, by using egg whites (as in royal icing), and by adding other ingredients such as glycerin (as in fondant). Some icings can be made from combinations of sugar and cream cheeses, or by using ground almonds (as in marzipan).
Chocolate Marshmallows
Cut the marshmallows in halves, and put them, one by one, cut side down, in chocolate fondant (as prepared for almond and cherry chocolate creams), melted over hot water and flavored to taste with vanilla. Beat the chocolate with the fork, that it may not crust over, lift out the marshmallow, turn it and, in removing the fork, leave its imprint in the chocolate; sprinkle at once with a little fine-chopped pistachio nut meat. To prepare the nuts, set them over the fire in tepid water to cover, heat to the boiling point, drain, cover with cold water, then take them up, one by one, and with the thumb and finger push the meat from the skin.
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