Given today’s accelerated business environment and highly competitive business environment, more than ever before, it is critical to safeguard your intellectual property (IP) with a patent. Patenting your idea, process, or invention is the simplest and most effective means of safeguarding yourself. Patents provide exclusive rights to the inventor, and he or she owns his or her production, use, and sale of his or her invention. Patent filing is not just a task of filling up a form, but it’s all about strategy, technical knowledge, legal procedure, and proper knowledge.
What Does Patent Filing Mean?
A patent application is a legal procedure by which an inventor submits a formal application to a government department (i.e., United States Patent and Trademark Office [USPTO], European Patent Office [EPO], etc.) so that he/she obtain a sole right to regulate his/her work or invention. A patent application is a detailed outline of the invention, how it functions, how it differs from others, and why it’s new compared to all those things previously done. When filed, the patent office will go on to review the application, potentially cross-referencing in an attempt to determine whether there are existing patents with the intention of determining whether or not the invention is novel and non-obvious. Upon approval of the application, the applicant is awarded a patent, which often expires after a typical 20 years, based on jurisdiction and class of patent.
These are the Different Types of Patents
Now, let’s talk about some of the types of patents that would be bought before buying patent filing services. Depending on the type of invention, the type of patent to be bought would also differ:
- Utility Patents: Utility patents are practical and new inventions like processes, machines, or chemical compositions. Utility patents mainly include inventions involving a new way or means of doing something.
- Design Patents: These are object, ornament, or design patents. They never patent what somebody does with the object, but rather how the object looks. If one has come up with a different appearance for something, then that is their patent.
- Plant Patents: Plant patents are issued where an invention or discovery led to a new and novel variety of the plant. Plant patents are filed for intellectual property rights protection of the persons who developed new plant varieties using asexual propagation.
Importance of Patent Filing
There is a requirement for skilled special filing services for inventors and businesses that have to shield their intellectual assets. Patenting is not work that can easily be done, and the true facts have to be presented in precise detail as they are. Special patent filing services prove handy in the following ways:
- Expert Consultation: Expert consultation by expert patent attorneys or agents, who deeply comprehend the complexities of patent filing, is done. They may assist you in filing processes so that they are performed according to all regulatory as well as technical standards.
- Higher Chances of Approval: Patent filing is a thorough search process on your behalf. Your filing would be professionally done by an experienced patent practitioner and thus has the filing higher chance of approval.
- Maximum Utilization of Time: Patent filing can be a lengthy formal process. A patent filing service enables you to utilize your time to the best on other things on your invention or business.
- Full Patent Search: There must be a full patent search conducted to determine if your invention is new and does not infringe on any existing patents. A patent filing service typically includes a full patent search as part of the service to determine novelty.
- Enhanced Security: You are required to speak something when filing a patent that will certainly set the limits of your invention. You are able to take advantage of having an astute patent attorney who can help in making the appropriate statements so as to provide maximum security to your intellectual property.
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Patent Filing Process
Filing patents is a very procedural process that consists of wise decisions. Let’s talk about some important steps involved:
- Write down Your Invention: The first thing that you do when you are patenting is write down your invention. Attempt to explain how your invention works simply, and any diagrams, photographs, or models that you will need to refer to in order to see how it works. Putting your invention into words in the correct manner will also put you in a position to own it if anyone later on makes a claim on it.
- Patent Search: You are required to make a suitable patent search before filing a patent application. It will allow you to verify if there are patents for inventions of the same kind as your invention. A suitable search will also tell you whether your invention is novel and surprising. Even though you can conduct the search yourself, in databases such as USPTO or Espacenet, it is common practice to contract a third-party company to perform the contracting for filing service so that the search will be satisfactory and appropriate.
- Package Your Patent Application Together: And after you have decided that your invention is new, you then go and draft your patent application. That would include drafting the description of the invention, application, components, and operating characteristics. Patent claims establishing the limits of protection accorded to the invention shall also be required. Patent claims are appended to the application since they carry a description of the protection to be granted to the patent. You ought to be guided by an excellent patent attorney as you draft very accurate and detailed claims, such that you have a clear comprehension of the invention.
- File Your Patent Application: Once your application is done, it is time to submit it to the right patent office. It may be the USPTO, the EPO, or the relevant country’s patent office. It can either be submitted online through the concerned patent office website or by a patent agent.
There will likely be two forms of patent applications:
- Provisional Patent Application: It is an early application with the benefit of obtaining an early date of filing, but with an incomplete description or full claims. It’s a cheap way of obtaining an early date of filing without filing out your invention.
- Non-Provisional Patent Application: This is an official application to be considered by the patent office. It involves a detailed description of the invention, i.e., claims, and typically requires more documents and more fees to file.
- Patent Examination and Approval: Once you have submitted the application, the patent office will analyze it to determine whether it meets the patentability standards as per the law. The examiner learns about your application, existing works are searched for, and office actions requesting a response to arguments or explanations against your application are issued. If you’re patent application is perfect as per all the rules, your patent will be granted by the patent office. Your invention will be yours for some time, normally for 20 years.
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Conclusion
Patents need to be applied for in order to secure your intellectual property and protect your inventions, processes, and designs. Patent application services are a goldmine for one who would rather embark on a journey through the labyrinth of patents. As a solo inventor, small business, or large corporation, these services provide professional guidance in preparation, application, and obtaining patent protection for your ideas.