Patents Overview
The patent system is designed to encourage technological
advance.
A patent is a limited-term monopoly granted by the state
to the owner of an invention so that the patent owner (patentee) has the
right to prevent others commercially exploiting the invention
In return for this monopoly, the owner of the invention
must make a sufficiently detailed public disclosure of the invention so
that, once the patent has expired, other people can share in the benefits
of the invention, and so that, even while the patent is in force, other
people can use the information as a starting point for their own research
and development, even though they may not be able to exploit their work
unless they agree a licence with the patentee.
The monopoly is granted only if the invention satisfies
certain conditions as to patentability.
A patent does not give the patentee the right to work the
invention commercially. The invention may be a modification or development
of an invention which is covered by an earlier patent. However, in some
circumstances, it may be possible to obtain a compulsory licence under the
earlier patent.
If a patentee does not sufficiently exploit their
invention, it may in some circumstances be possible for others to obtain
compulsory licences.
