When a patent is made public, it signifies that the details of the patent application have been published for public viewing. This typically occurs 18 months after the initial filing date or priority date or as the patent is granted. The publication is a standard procedure in the patenting process, aiming to balance the protection of the inventor’s rights with public access to new innovations.
Public disclosure of a patent means that the complete application, including its description and claims, is available in official patent databases. This also applies to the full file wrapper of the application meaning that Office Actions, Office Action responses and all communication with the Office becomes publicly available. This transparency allows others to understand the scope and nature of the claimed invention, which is crucial for ensuring that the patent rights are respected and not infringed upon unintentionally.
Why are patents made public?
Patents are made public to foster innovation by disseminating technical information and preventing overlapping inventions. Publicly accessible patents allow researchers and inventors to build upon existing knowledge, thus accelerating technological progress and economic growth.
Additionally, public disclosure is a legal requirement that fulfills several functions: it discourages patent infringement by informing competitors of existing patents, it helps avoid duplicate research and development efforts, and it ensures that the patent system operates transparently, enhancing trust in intellectual property rights management.
The publication represents a key point of patent protection as after the publication no one else can patent the same invention disclosed in the published application and it becomes a part of the known prior art. In addition, any infringement after the publication may result in damages.
How can you access public patent information?
Accessing public patent information is relatively straightforward thanks to various online databases. The European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) provide extensive databases where patents can be searched by application number, inventor name, or specific keywords.
The most commonly used free online database is the Espacenet which offers free access to over 150 million patent documents. Espacenet also offers machine translations of the applications and patents.
To find a specific patent, Espacenet is a good place to start. Use the search feature to enter relevant information such as the patent number or title, applicant or inventor. Once located, the database will provide access to the full document, including the abstract, claims, and any associated drawings.
What information is included in a public patent?
A published patent document typically contains several key components. The abstract provides a brief overview of the invention, offering a snapshot of its purpose and scope. The claims define the boundaries of the patent rights, detailing what aspects of the invention are protected.
Additionally, the patent document includes detailed descriptions, drawings, and specifications that explain how the invention works. These elements are crucial for both the patent holder, to protect their rights, and the public, to understand the invention’s specifics and its potential applications. Some publications, such as publications of PCT application include also the search report.
Are there exceptions to patent publication?
Yes, there are circumstances under which a patent might not be published. For instance, pending patent applications remain confidential until the 18-month publication mark. During this time, only the name of the applicant and application date is published leaving third parties in doubt what is the actual invention. Additionally, certain sensitive technologies, particularly those related to national security, might be withheld from publication.
In conclusion, understanding the nuances of patent publication is essential for anyone involved in innovation. At Kespat, we specialize in navigating these complexities, offering expert guidance on patent rights and intellectual property management. Whether you are an individual inventor or a corporation, our services ensure that your innovations are protected both domestically and internationally. For more information, visit our website at Kespat and feel free to contact us for personalized advice.