A patent is a legal document that grants exclusive rights on the patented invention. The invention could be a product or a process that provides in general a new way of doing something or offers a new technical solution to a problem.
There are several criteria that a patent officer will look at to determine whether the invention is patentable viz;
- It must be new or novel,
- It must involve an inventive step,
- It need to be industrially applicable or useful.
Obtention of a patent confers certain rights on the patent holder which includes;
- Exclusive right to work the patented invention.
- Prohibit any person from working the patented invention i.e,
• where the patent has been granted for a product-manufacturing,importing,offering for sale,selling and using the product.
• where the patent has been granted for a process-using the process as well as the above acts. - The right to assign the patent,transfer it and enter into a licence contract.
- Institute legal proceedings against any person who exploits the patent without consent.
It’s worth noting that patent protection is granted for a limited period and when it expires the invention enters into the public domain.
Article 9 of Annexe 1 of Bangui Agreement stipulates,the patent shall expire at the end of the 20th calendar year following the filing date of the application.
Endeavour to get a lawyer specialized in Intellectual property to obtain your patent and ensure that nothing is overlooked.
By Barrister Mankah Rachel.
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