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ARTICLE · 16 AUGUST 2024

Ask An IP Litigator: Do I Have A Great Patent? (Video)

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Patents. They offer a period of exclusivity for 20 years in exchange for what our courts like to call the quid pro quo of disclosing something new, useful and inventive to the public.

GlobalIntellectual Property

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Video transcript

Andrew Shaughnessy (00:05): Patents. They offer a period of exclusivity for 20 years in exchange for what our courts like to call the quid pro quo of disclosing something new, useful and inventive to the public. A strong patent system is said to incentivize innovation, yet, as Alex and I know all too well, patents are often invalidated. Which begs the question in every case: Is my patent any good?

I'm Andy Shaughnessy, and I'm here with Alex Peterson to answer this question.

Alexandra Peterson (00:34): So, there are certain criteria that an invention has to have to become patentable. We can think of these as sort of the three pillars of patentability. So first of all, your invention has to be for something new, it must be novel. Second, it must have utility, it has to be useful for something. And lastly, it can't be for something obvious, it has to be inventive.

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