Understanding Important Patent Rights
Here is the important point to note by all new inventors is that patent does not providepositive right to make, use or sell his patented products, but rather it providesnegative 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.
Senthil is a registered patent agent with Indian patent office. He has the right combination of Technology, Management and Intellectual Property. Senthil is also an Inventor in seven patent applications, in the area of Product Design, Instrumentation and Process control. And also I am running a patent blog http://indiapatents.blogspot.com
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Delectable Chocolate Recipes:
Exquisite Chocolate Fillings, Muffins, and more:
Frostings are sweet often creamy glazes made from sugar with an added liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites or vanilla flavorings and is used to cover or decorate baked goods, such as cakes or cookies. Pastry bags are then used to apply the frosting to cakes, pies, muffins or other baked goods. A high-quality reusable pastry bag is often made from tightly woven nylon, polyester, rubber or waterproofed cotton. Medium quality bags are similar, except they are not so tightly woven and may let some contents seep through the weave or the seams. After use, a reusable bag is washed by hand and hung open to dry. A high-quality bag may last for many years.
Chocolate Meringue Pudding
- 1 cup of milk,
- 2 eggs (yolks),
- 2 tablespoonfuls of flour,
- Pinch of salt,
- 4 teaspoonfuls of Baker's Cocoa,
- 3 tablespoonfuls of sugar,
- 1/2 a teaspoonful of vanilla.
Put the milk in the upper part of the double-boiler, and heat. Mix flour and cocoa together and soften in a little cold milk; mix until free from lumps. When the milk is hot, add the flour, and cook, stirring often, eight or ten minutes. Beat yolks of eggs lightly; add sugar and salt, and mix well. When mixture in double-boiler has cooked sufficiently, strain it over the mixture in the bowl. Put back in double-boiler and allow it to cook one or two minutes (stirring constantly), just enough to slightly thicken the eggs. Remove from the stove, and when cool add vanilla and put in the serving-dish. Cover with a meringue. Place dish on a board, put in the oven with the door open, and allow it to remain there for ten or fifteen minutes, and when the meringue will not stick to the fingers, close the door and let it brown slightly. This pudding can be eaten warm or cold, but is much better cold. This will serve four persons generously.
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