What is the difference between a patent and an invention?
A patent is an exclusive right, meaning it allows the patent holder to use the invention exclusively for a specified period (maximum 20 years) in the country in which it was granted. The Patent Office decides whether to grant (or refuse to grant) a patent upon examining the subject matter of the application. On the other hand, an invention is an innovative technological solution (device, method, application, etc.) which is non-obvious and was previously unknown. An invention should not be confused with a patent. An invention may be patented or not. It depends primarily on whether:
- it meets the legal requirements (mostly pertaining to novelty, that it involves an inventive step, and has industrial applicability),
- patenting the invention serves the needs of the patent holder. Under some circumstances, it is more advisable to keep the solution secret as know-how.
