A patent is a territorial negative right that prevents other people and
businesses from doing certain acts within the territory. You do not
get the right to do anything (apart from sue people and threaten to
do so).
These acts may be specified in the claims of your patent, but
generally include making, selling, importing or offering for sale (the
device/apparatus), or storing it for those reasons, as well as
performing any claimed method, supplying means for performing
the method etc. The protection is quite broad.
Exclusions are typically for medical use - the right of a physician to
go about his work without fear of being sued is why you cannot
patent methods of diagnosis or therapy per se in countries such as
European countries. Computer programs per se are also excluded
in Europe but in practice most programs are patentable. See the IP
Tutor for more details.
Patent protection lasts for 20 years from the date of filing, and
gives you a legal monopoly over specified technology. You can sue
an infringer as soon as your patent is granted - and is some
countries such as the UK you can sue for any infringements
between the publication of the application and it's grant - provided
that the claims have not been amended in the mean time.
See the IP Guide and IP Tutor for more information.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
