An inventor may seek protection against copying or duplication of an invention by filing a patent application nationally or through PCT filing system. National filing may be in the form of a complete or provisional application.
The granting of a patent confers the legal right to the patentee to exclusively use, manufacture, dispose of, or export the invention so to enjoy the full commercial benefit of the invention provided that the patent annuity is paid. The patentee has a 20 year exclusive right on the invention and is required to pay a patent annuity fee on the 4th of the month following the initial provisional patent filing annually and you read more about it on https://openlab.citytech.cuny.edu/rowland/where-to-begin-when-you-have-a-new-invention-idea/.
The patentee also has the right to sell the patented article which gives the purchaser the legal right to dispose or use the article.
According to international and USA patent law inventions that are new, inventive, and useful in agriculture, industry, or trade may be patentable. However the following exclusions are applicable:
- Invention that contravene local and international laws;
- Discoveries, mathematical methods and science theories;
- Aesthetic creations, artistic, musical, dramatic, or literary works;
- A rule, method, or scheme for playing a game, performing a mental act, or doing business;
- Computer programs;
- Methods used for the purpose of organizing or presenting information;
- Species of animals and plants, biological processes or methods for producing them;
- Therapeutic and surgical methods used for treating animals and humans including diagnostic methods;
- Any invention that may encourage illegal or immoral behaviour.
It is advisable to first consult with a patent attorney or a patent agency, such as InventHelp, to determine the eligibility of an invention as the application process may be costly and time consuming if not done correctly.