Questions about Patent

Short answers, pulled from the story.

What is the legal reality of a patent according to the 1911 court case Herman v. Youngstown Car Mfg. Co.?

A patent grants only the right to exclude others from making, using, or selling an invention rather than granting the right to practice the invention itself. This distinction was established in the 1911 court case Herman v. Youngstown Car Mfg. Co. where the court clarified that a patent holder might still be unable to practice their own invention if it infringes upon a broader, earlier patent held by someone else.

When did the first statutory patent system emerge and what was the initial period of protection?

The first statutory patent system emerged in the Republic of Venice in 1474 when the Senate issued a decree requiring new and inventive devices to be communicated to the Republic in exchange for legal protection against potential infringers. This initial period of protection lasted for ten years and as Venetians emigrated they carried the concept of patent protection to their new homes.

Who was the first woman to receive a patent in England and when was it awarded?

The first patent in England known to be granted to a woman was awarded to Mrs. Amye Everard Ball in 1637 for a tincture of saffron. Such instances remained rare exceptions rather than the rule and married women were historically precluded from obtaining patents in the United States.

What was the average cost of obtaining and maintaining a European patent in 2005?

The European Patent Office estimated in 2005 that the average cost of obtaining a European patent and maintaining it for a 10-year term was around 32,000 euros. This figure does not include in-house preparation costs and the maintenance fees in the US are due on 3.5, 7.5, and 11.5 anniversaries of the patent issuance.

How many countries does the Patent Cooperation Treaty cover and what priority does it give?

The Patent Cooperation Treaty administered by the World Intellectual Property Organization covers more than 150 countries and provides a unified procedure for filing patent applications. It gives owners a 30-month priority for applications as opposed to the standard 12 months granted by the Paris Convention.

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