AL-Qadisiya Journal For Law and Political Sciences

الاستخدام المسبق للإختراع من المخترع قبل تسجيله -دراسة مقارنة-

https://doi.org/10.63677/jqlap.2022.180282
Volume 13, Issue 1
Winter 2022
Pages 455-474
AL-Qadisiya Journal For Law and Political Sciences

Authors

ا. د. ذكرى محمد حسين الياسين
بشار محي هاشم الحسيني

AL-Qadisiya Journal

Abstract
The fact that the invention is not registered does not mean that the inventor does not have some rights over his unregistered invention, as we may find there are a set of rights, some of which are proven to him by the text of the law as the right of prior use, and others prove to him that he is the owner of a commercial secret such as licensing and assignment. The failure to register the invention does not deprive the inventor of all legal protection, as he can resort to patent laws that provided temporary legal protection for his invention. However, these laws do not provide adequate protection unless the idea is embodiment and application on an experimental level and registered in the form of a patent. Undoubtedly, the inventor may sometimes face another person who preceded him by registering the same invention, i.e. another person obtained the patent that proves his ownership of the invention the patent laws addressed this issue and granted the inventor the right to prior use of his invention despite not having obtained a patent.



 

Keywords

Unregistered invention
pre
use
patent
guard
protection
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  • Receive Date 23 August 2023

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