Patents law in a legal institution is a law that protects authorship and deals with matters relating to invention and discoveries. It is also called other names like copyright law, intellectual property law, trademark law and a host of others. A patents lawyer is a lawyer that specializes in the patents law.
Patents law ensures due credits, praise, appreciation, and remuneration are given to or are only entitled to the one that created it. It ensures due process in the aspect of discoveries.
However, before a discoverer could be issued a patent, the certificate that singles him or her out as the sole owner of the discovery, what he or she discovers must meet some unanimous set standards by which discoveries are quantified. These are what is also called conditions of eligibility and they are :
- New: The thing must be new and must not have been in existence before. The essence of authorship is that the idea should be new generally. This means, if an idea is new in a country for instance and it was not in another, it cannot be established that the idea is worthy of patent. Another instance is if an idea was known a very long time ago and someone now claims it as his new idea, such idea can never be recognised as new and can never be considered for a patent in as much as people can still relate to it or a record has it. So, this must be strictly satisfied before a patent is issued as this will ensure that only new idea is recognised and not just blunt repeated fashioned.
- Another consideration in a patents law is that the idea must be not obvious. It should not be something that any person can easily calculate it out. This means that the discovery must not be an outcome of a normal ordinary thinking rather it must be an outcome of extensive research with high intellectuality and geniuses. If this is not considered, every Tom, Dick and Harry will claim patent for their new idea that is obvious. And this way, everybody will become inventors with patents ridiculously. So, even if it's a an absolutely new idea, it cannot be considered yet unless it is a product of an unusual inductive intellectual reasoning.
- Patents lawyers agree that natural phenomenon cannot be considered for parents. Anything natural we know it is not the work of any mortal but the work of the Supreme Being, God. So, it will be legally blind to claim patent for a natural phenomenon no matter how complicated it is even if it is new to all and sundry and not obvious.
- Usefulness: as it is generally known that innovation can only be equal to invention if it is useful and productive. Not until your new, unmatched and non natural idea is useful before it is a patent worthy.
This law intends to punish offenses like plagiarism and infringement and to encourage innovative ideas in people.