Patent Filing Services: The Complete Guide to Safeguarding Your Intellectual Property
Introduction
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, and legal procedure proper knowledge.
Patent filing service is thus beneficial to us.
If you are an entrepreneur, a businessman, or an inventor who needs to safeguard his intellectual property, then studying about patent protection and patent filing services would be good for you. What we will do here is take you through what patent filing services are, why you will require them, how they work, and how you can protect your invention the best you can.
What is Patent Filing?
Patent application is 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 obtains a sole right to regulate his/her work or invention. 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 previously.
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.
Types of Patents
Now let’s talk about some of the types of patents which would be bought before buying patent filing services. Depending on the type of invention, the type of patent to be bought would also differ:
1. Utility Patents: Utility patents are practical and new inventions like processes, machines, or chemical compositions. Utility patents are mainly and include inventions involving a new way or means of doing something.
2. Design Patents: These are object ornament or design patents. They never patent what somebody does with the object but rather how the object looks to be. If one has come up with a different appearance for something, then that is his patent.
3. Plant Patents: Plant patents are issued where invention or discovery led to 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.
Why are Patent Filing Services Important?
There is a requirement for skilled special filing services for inventors and businesses which 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 below ways:
1. 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.
2. 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 chances of approval.
3. Maximum Utilization of Time: Patent filing can be lengthy formalities and process. A patent filing service enables you to utilize your time to the best on other things on your invention or business.
4. 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. Patent filing service typically includes a full patent search as part of the service to determine novelty.
5. 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 benefit from having an astute patent attorney who can help in making the appropriate statements so as to provide maximum security to your intellectual property.
Procedure involved in Filing Patents
Filing patents is a very procedural process that consists of wise decisions. Let’s talk about some important steps involved:
1. 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 place to own it if anyone later on makes a claim on it.
2. 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. 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.
3. 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 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 description of 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.
4. File Your Patent Application
Once your application is done, it is time to submit it at 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 early application with the benefit of obtaining early date of filing but with incomplete description or full claims. It’s a cheap way of obtaining early date of filing without filling out your invention.
- Non-Provisional Patent Application: This is official application to be considered by the patent office. It involves detailed description of invention, i.e., claims, and typically requires more documents and more fee to file.
Patent Examination and Approval
Once you have submitted the application, the patent office will analyze it to determine whether it’s meeting the patentability standards as per 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.
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.
Advantages of Patent Filing Services
Patent filing services benefit in the following manners:
- Experience: Patent filing services provide you direct access to skilled people who understand the patent process well enough to mess up and legalize your patent application.
- Efficient Filing Process: Patent filing services facilitate the filing process to become efficient, and thus all that should be filed gets filed in some amount of time.
- Saving Money: Although it involves additional fee to hire a patent attorney, it saves your money with better prospects of survival and less trouble in the future.
- Stronger Protection: They are professional services that render good protection to your invention and clear description of your claims to cover all the vital details of your invention.
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.
It is daunting, but you can possibly guard your intellectual property and bid on your business if you’re suitably trained and counseled. Have a qualified patent filing company walk through patent searching to fleshing out your application with you and responding examination.
Frequently Asked Questions (FAQ)
Q1. What is the cost of filing patents?
It will vary based on how complicated your invention is, what kind of patent you’re applying for, and whether or not you have an attorney. Generally speaking, overall you’ll be paying $5,000 to $15,000 attorney and filing fees paid for a whole patent application.
Q2. Do I need to hire a patent attorney so that a patent is filed?
Although not compulsory, it will be preferable if you have an attorney or agent who is a patent or trademark office. They will legalize your application and it will be accepted.
Q3. How long to get a patent?
Patent application process will take 1-3 years depending on the type of patent you wish to obtain and how complex the application is. Provisional patents will, however, be published in advance.
Q4. Can I patent globally?
Yes, you can patent overseas through the Patent Cooperation Treaty (PCT). It will allow you to gain international patent protection in one filing.
Q5. My patent application was rejected. What do I do?
If your patent application has been rejected, you can refile the application or appeal rejection to overcome objections of the examiner. Your professional patent lawyer can do it.
- Q6. Can I patent an app or some software?
Yes, technically, you can patent something about some software or app if it’s new, non-obvious, and useful. You would be patenting how much more or less the software does, not the software itself.
Q7. How can I test whether my invention is new before I get a patent?
You can try a patent search to determine whether your invention is new or not. You can do it yourself or get the patent filing company to carry it out in detail.
Your intellectual property will be safeguarded and will stand a better chance of being patented for your invention using professional patent filing services. Do not share your ideas with other people—act fast and preserve your invention!