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 Ice Cream, Muffins, and more:
Icing can be formed into shapes such as flowers and leaves using a pastry bag. A pastry bag is an often cone- or triangular-shaped, hand-held bag made from cloth, paper, or plastic that is used to pipe semi-solid foods by pressing them through a narrow opening at one end. Aside from icings and frostings, pastry bags are commonly used to shape meringue and whipped cream, and to fill doughnuts with jelly or vanilla custard. Using icing to decorate cakes is commonly used with wedding cakes, anniversary cakes and birthday cakes.
Chocolate Marble Cake
- 6 level tablespoonfuls of butter,
- 1 cup of granulated sugar,
- 3 eggs,
- 1 teaspoonful of vanilla,
- 1/3 a cup of milk.
Three level teaspoonfuls of baking powder, about one and three-quarter cups of sifted flour, or flour enough to make mixture stiff enough to drop from the spoon. Mix in the order given. Reserve one-third of this mixture and add to it four level tablespoonfuls of Baker's Cocoa and to the other one cup of shredded cocoanut. Bake thirty-five or forty minutes according to size and shape of pan.
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