Patents are like ATM cards, using invention to get cash from the bank (industry), whether said invention is a product or a method of manufacturing thereof. From this perspective, patent document is not just a paper that symbolizes achievement but a card that you can use to monetize your achievement, bearing in mind, however, that this card has a validity period, 20 years from filing date of the patent application.
In terms of benefits, patents could be considered as renewable energy resources, from both a financial and intellectual perspective, as the benefits thereof are rejuvenated not only for their holder (applicant), but also for the industry in the field and researchers or third parties who can advance their research and/or technology based on these patents. Not to mention their effect on national economy (macro-environment) in return.
As for the patent holder, patents give the applicant exclusive right to use, produce, and exploit their invention(s) in the state(s) they are granted. Having such right, applicants can get money from utilizing their patents through licensing, partnership with industry, selling their patent rights, or even through compensation against infringement of their patent rights. In exchange for the exclusive right that is bestowed upon the patent holder, patents require full disclosure of the invention upon filing in a way that enables those of ordinary skill of the art to get proper knowledge about the invention they can build on to get the research or technology cycle going.
Notwithstanding, to get a patent for an invention, there are three essential requirements, first of them is novelty, which requires that the features of the invention are not found in prior art, second is inventive step, where these novel features are not easily anticipated from combination of prior art, and lastly, industrial applicability.
In terms of novelty, attention should be given that any disclosure of the invention, even if it is from the side of the inventor, per se, before the filing date would affect the novelty of the invention. In this context, it is frequently noted that, without applying for a patent as a first step, some researchers opt to publish their research, achievements, and even pilot/premature inventions as research papers, in an effort to get degrees, recognition for their work, potential funds to continue their research, or promotion and advancement in their careers. Such disclosure burns out the card they would have held containing hidden money and real achievement when their work is performed and incorporated into industry, which is like giving out resources for free to others so they can build on, develop, and even get future patent(s) from them.
Although disclosure before applying for a patent is to be avoided, there are special cases when inventors are allowed to disclose their inventions before filing. In particular, most jurisdictions allow applying for temporary protection of invention in case that the inventor would like to present the invention thereof in an exhibition.
In this context, inventor(s) are advised to check their respective jurisdictions and/or other jurisdictions they are concerned with applying at to confirm whether they allow applying for temporary protection of invention and/or the allowed forms of disclosure and provisions for that in order not to fall in the category of self-prior art citation or putting their invention in the public domain for free.
written by: Neamat Aziz, Patent Examination Assistant