Prosessiselitykset

Prosessiselitykset, also known as process patents, are a type of intellectual property right that protects new and inventive processes for producing a product or achieving a result. These patents are granted to the inventor, giving them the exclusive right to use, sell, or license the process for a specified period, typically 20 years from the filing date. The concept of process patents is recognized internationally, and they play a significant role in various industries, particularly in manufacturing, chemical, and pharmaceutical sectors.

The key requirement for obtaining a process patent is that the process must be new, involve an inventive step, and be capable of industrial application. The process must not have been publicly disclosed before the filing date of the patent application. The inventive step means that the process should not be obvious to someone skilled in the relevant field of technology. Industrial applicability implies that the process can be used in industry to produce a product or achieve a result with commercial value.

Process patents are distinct from product patents, which protect the product itself. While a product patent gives the owner the right to prevent others from making, using, selling, or importing the patented product, a process patent allows the owner to prevent others from using the patented process to make the product. However, if a different process is used to produce the same product, it may not infringe the process patent.

In some cases, process patents can be more valuable than product patents, especially in industries where the process is more innovative and complex than the product itself. For example, in the pharmaceutical industry, the process of synthesizing a drug may be patented, even if the drug itself is not patentable. This allows companies to protect their investments in research and development and maintain a competitive edge in the market.