Patent is a type of “intellectual property”, which is consider as a property which is something new that never existed until someone thought it up. Like any property, IP also can be bought and sold. Legal action can be taken against infringers steal a novel invention, similar to legal action taken for someone’s bike or car.

A Patent provides an exclusive right to commercially exploit the invention up to 20 years in the country or region in which a patent has been filed and granted. Basically, the patent is to prevent others from making, using or selling a novel device, process or application for something.

For a Patent to be granted an invention must be (i) new, which means that the invention has not been publicly disclosed in any form, anywhere in the world (for example: pencil is sold in the market, eraser is sold separately, by attaching eraser onto pencil will be new combination), (ii) involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention (for example: just attaching eraser onto pencil will be obvious, but if let say the inventor has created a copper-holder for joining the pencil and eraser, that may not be obvious) and (iii) industrially applicable, meaning that it must be capable of being used for an industrial or business purpose.

However, if the invention does involve an inventive step or obvious to someone with knowledge and experience in the technological field of the invention, the inventor may convert or file as Utility Innovation, where to grant Utility Innovation it only requires to be (i) new and (ii) industrially applicable. Utility Innovation has similar protection as Patent (up to 20 years protection) and has narrow protection over the invention, therefore it’s faster and cheaper to be granted.

Additionally, its subject matter of Patent / Utility Innovation application must be accepted as “patentable” under law, as in many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) are generally not patentable.

In order to draft a Patent / Utility Innovation document it requires legal skills and knowledge on legal protection that complies with the formal legal requirements. Therefore, given the complexity of Patent / Utility Innovation document documents and the legal skills required, it is highly advisable to appoint or seek legal assistance from a Registered Patent agent when require a Patent / Utility Innovation protection, as by filing a premature Patent / Utility Innovation document would destroy the novelty and loss of exclusive right on the invention.

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