Introduction
Today’s fast-moving world is about innovation, which means success to anybody, a small business, or a giant business. A patent is one of the most valuable things to protect new concepts. Not only does a patent protect your invention from legal infringement, but it also gives the sole right to use the invention for a specific period of time so that the patent owner will not have anyone producing, selling, distributing, or using the patented invention without permission.
If you’re thinking of applying for a patent, on these pages you’ll discover all you need to know about requirements, procedures, what patents are offered, and the balance of all else you’d like to know. You will learn how to get a patent and what type of things an invention must have so that it is protected by the time you’ve read this book.
What is a patent?
A patent is state-owned property where the inventor or assign possesses a monopoly right of exclusivity not to allow other people to make, use, sell, or dispose of the invention for a period of time, usually 20 years. The inventor will have to surrender the invention so that other people may view and utilise it once the patent period has expired.
Patents are awarded to new inventions or medical and technological discoveries in agriculture, manufacturing, medicine, or technology. Any invention, machine, process, or chemical that is new can be patented provided it satisfies certain conditions.
• Types of Patents
There are three types of patents inventors can apply for, and they are applied for different reasons:
1. Utility Patent
Utility patents are the most frequent and utilised for inventions of a definite and useful character. They may be relating to machines, processes, composition of matter, or any new and useful improvement thereto.
2. Design Patent
Design patents guard against the distinct external look of an invention, such as its shape, configuration, or ornamental design. The patent never guards against the functional part of the product but the design.
3. Plant Patent
Plant patents are issued for the discovery or development of a new and distinct plant variety, such as plants that are asexually reproduced, like fruit and flower trees, flowers, and flowering shrubs.
• Conditions for Patenting
Your invention must satisfy some conditions that are stipulated by the patent office in order to be patented. The conditions are to safeguard only new and novel ideas from being patented. The primary requirements for a patent are:
The invention perhaps was not. Perhaps it was not publicly available, known, or patented by another person prior to your application. The invention perhaps was not placed at public disposal, displayed publicly, or even by the inventor himself in certain cases. It could also mean that, with such disclosure, it is no longer novel and hence cannot be patented.
• How to Search for Novelty
You need to search for patents prior to patenting to ensure that you are not duplicating something already done. Patent institutions such as the United States Patent and Trademark Office (USPTO) also conduct online patent databases through which you can establish whether it is possible to reasonably find a similar one or not.
1.Non-Obviousness
The invention must be non-obvious, i.e., not so obvious to a technically qualified person in the art of your invention from the prior art. A technically qualified person in the technical art of your invention should not be able to easily infer it from what has been previously conceived or engineered.
2.Evaluating Non-Obviousness
Non-obviousness is subjective and generally will need to be established by an expert. The patent examiner will decide if it would or would not be obvious to one who practices in that particular area of practice to use existing inventions or concepts and use them in such a way so that they produce your invention.
3.Utility
The invention should be useful. The invention should be able to produce a good outcome in either of the three ways: improvement in operation, technical solution to a problem, or new advantage. Abstract or immaterial inventions such as laws of nature or mathematical formulas are not patentable.
4.Sufficient Disclosure
The description in the patent application should explain the invention in a way that a person skilled in the art to which the invention belongs can reproduce and build the invention. This is also known as the “enablement” requirement.
The description should be precise enough, such as:
A comprehensive explanation of how the invention works.
Diagrams, sketches, or models (where necessary).
The most preferred mode of practicing the invention (best mode of making and using the invention, according to the inventor).
Patentable Subject Matter
The invention should fall under the categories of patentable subject matter under the relevant patent statutes. They are typically processes, machines, manufacture articles, and compositions of matter. Natural phenomena, abstract concepts, and natural laws are not valid and cannot be patented.
Clarity of Claims
A patent application contains claims that define the range of protection of an invention. Claims must be properly worded so as to put into some words exactly what is the range of what one is to be permitted to patent. Vague or overly broad claims will be rejected and therefore should be as specified and detailed as possible.
• Steps on How to Get a Patent
1. Write down Your Invention
To begin with, put down everything about your invention on paper. Put down all the design information, drafts, alternatives, and models. The document will be used as proof of your invention and to support the presentation of evidence that you were the inventor.
2. Patent Search
Before you file for a patent application, conduct a patent search to see if your invention is new. The search will assist in establishing if there are earlier inventions or earlier patents. Although the patent search is not mandatory, it will save you money and time by preventing you from spending money on applying for an invention that is already patented.
3. File a Patent Application
After you have determined that your invention is novel and obvious, you can now apply for a patent. The application contains the following most crucial information:
- Invention Title: A short and descriptive title of the invention indicating its purpose.
- Abstract: A short summary of the purpose of the invention and intent.
- Detailed Description: A complete description of the invention, its purpose, its advantages, and preferred embodiments.
- Claims: Detailed legal declarations specifying the scope of protection.
- Drawings/Diagrams: illustrations of the invention, if necessary.
• File the Patent Application
After preparing your application, submit it to the appropriate patent office. In the United States, this would be the USPTO, while other nations have their own patent offices. Filing fees must be paid, which differ according to the kind of patent and jurisdiction.
1. Patent Office Examination
When it is submitted, the office will examine the application to determine whether it fits under the law. That is to test for novelty, non-obviousness, utility, and clarity. The examiner can ask for further information or re-filing of the application.
2. Response to Office Actions
If the patent examiner is confused with the application, they will send an office action, requesting a redesign or explanation of the claims. You can respond to office actions like this by amending the claims or explaining.
3. Patent Grant
If your petition is approved by the examiner, he will issue you a patent on your invention. You will receive a patent certificate, and your invention will be protected legally during the life of the patent.
Conclusion
Patent purchase was a complex but worthwhile process that provided inventors with monopoly rights over inventions. To be patentable, an invention must be new, nonobvious, useful, and disclosed in full. Patent filing is a methodical sequential task and is achieved while defining invention, patent search, and making a decision of a patent examiner in the course to avoid any troubles or problems. Accurate information about prerequisites will enable you to go with the process and obtain protection of ideas.
FAQs
Q1. What does it cost to obtain a patent?
It is also very unpredictable to have a patent, and it differs in price depending on how complicated the invention is and where. There will be fees for filing, attorney fees, and maintenance fees. In America, the filing fee would initially cost between $400 and $1,500 and attorney fees between $5,000 and $15,000 or higher.
Q2. How many months or years will it take to get a patent?
Patenting may take years or months, depending on the country and type of invention. In the United States, grant time for a utility patent is about 22 months on average.
Q3. Can an idea or a concept be patented?
No, you cannot patent an idea or concept. The invention must be a physical, working product, process, or composition of matter.
Q4. Can a patent be licensed or assigned?
Yes, a patent can be licensed or sold to a third party. That is, the owner of the patent gets royalties or upfront payments but never relinquishes title in the patent.
Q5. What do I do if someone is infringing my patent?
If you find someone infringing your patent, you can lawfully prevent the infringement. You may send them a cease and desist letter, sue them, or negotiate with them.