Tidbits on Patents
Patents are the part of intellectual property law which protect inventions and innovation. They grant exclusive rights to an invention to the owner of the patent, as a means of promoting human innovation.
Applying to critical areas like medical innovations, the issue of patents is a delicate one. It has been recorded that in the last three decades, medical technologies have improved the treatment of various diseases like HIV, that were previously ‘untreatable’. As a result of the delicate nature of the subject, policy makers have set certain criteria to be met for an invention to be regarded as patentable, in order to truly protect and promote innovation.
It is generally accepted that for an invention to be patentable, firstly, it must be novel. It must be a new innovation, different from whatever might have been before it. In recent times, there has been a rise in devices using wireless charging technology. In 2015, Qualcomm Technology Inc. patented it’s innovation that eliminated an obstacle facing wireless power, as its wireless charging technology for the first time ever was able to work with metal devices.
It is also required that for an innovation to be patented it must be Inventive. Sometimes referred to as non-obvious, it means that it must be a leap forward from whatever was already in existence, being born out of creativity or research. In December 2018, Apple was granted a patent for their development of devices that could transfer power to other devices wirelessly. This was a remarkable advancement from the existing wireless charging technology. Furthermore, for an invention to be patentable, it must be Industrially Applicable, to put it simpler, it must be useful. It is necessary that every patented invention should actually have specific use, solving a particular problem. A common example of an invention that wouldn’t meet this criterion is a perpetual motion machine, and such cannot be patented because it can’t work, hence lacks utility.
On a final note, it has become necessary for there to be regulations guiding issues like patents, because for there to a constant flow of innovation in a society, then rights to the innovation must be protected.
Written By: Oluwasegun Samuel (Research Team)