Introduction
Patenting your invention is one of the most important steps to protecting your intellectual property (IP). Patent filing is not a simple work, however, and all of this takes planning, patience, and good knowledge of the patent system. Everything that is being done here will guide you through patenting, process, inventor pitfalls, and sound advice on keepingGetting your product, idea, or process patented means that your business competitors cannot use it without your permission. one piece.
1. What Is a Patent?
A patent is a government legal document that grants the right of the inventor to use, sell, and manufacture the invention for a specific number of years between two parties, usually 20 years from the date of application. The owner is free to pass on information about information details of the invention free of charge and inspire people in his area of research. Patents encourage inventions because they are means by which inventors are safeguarded against piracy and reasonable reward for effort in exchange for conservancy and application of effort. Why You Should Patent Your Invention
There are so many reasons why you should patent your invention:
- Right to be Alone: You shall have monopoly right to safeguard against someone else producing, making use of, selling, or licensing your invention without your consent.
- Business Advantage: Your business will be better than the industry business in the sense that it stops someone else from duplicating or selling your invention.
- Business Value: You are worth more as a business if you have patented and will attract more investors, clients, and business partners.
- Licensing: Other people can purchase the license to use your patent to perform what you cannot do since it is impossible to sell your innovation on your own.
- Innovation Guard: Patents will protect your innovation and will never permit other people to implement your idea by creating their own without paying you in any form.
Step-by-Step Process in the Patent Application Process
Patent application is a step-by-step process as it is comparable to research, preparation, filing, and examination. The most significant procedures in the patent application process are mentioned below.
Step 1: Determine Whether Your Invention Can Be Patented
Even prior to patenting your invention, it is worthwhile determining whether or not your invention may be patented. An invention needs to fulfill the following if a patent needs to be provided for it:
- Novelty: Your invention needs to be new, i.e., previously not published or patented.
- Non-Obviousness: Your invention is not supposed to be obvious for an individual capable of the relevant art who could have otherwise appeared previously.
- Utility: Your invention should be useful and should be of some utility or practical use or function.
If your invention is more than requirement, then you can patent. But to determine whether it is new and not obvious or otherwise, you will have to do a patent search.
Step 2: Do a Patent Search
Patent searching is an important process of converting your invention into a new and never previously patented invention. Patent searching will save you money and time obtaining a patent on another person’s idea.
Patent publications, patent publishing, and other information available to the public to be searched for under patent searching may include
- Patent databases: Patent databases are released by United States Patent and Trademark Office (USPTO) and other major national or international patent offices.
- Patent experts: Or you can even request a patent agent or patent attorney to search for it themselves so that you do not miss any patent relevant.
Just remember when you’re asking that you’re looking when you’re looking for that whereas while you’re copying someone else’s patent, it don’t matter. You’ll probably end up with something similar to the patent if what you’re creating is new and different too. But if you’re just copying exactly the same, there’s good chance your ask will be rejected.
Step 3: Prepare Your Patent Application
Once you’ve determined that your invention is novel, the next step is to prepare your patent application. This is one of the most important and time-consuming steps in the process. A well-prepared patent application will significantly increase your chances of success.
A typical patent application consists of several key elements:
- Patent Specification: This section provides a comprehensive explanation of the invention, outlining its function, intended use, and the technical details of how it operates. You’ll need to explain your invention in a manner that a person skilled in the relevant field can understand and replicate. The specification typically includes:
A background section explaining the problem your invention solves.
A detailed description of the invention, including how it works and how it differs from previous solutions.
Diagrams or drawings that will assist you in describing your invention (if any).Enter and fill these claims here, Claims are blood of your patent application. Claims determine the scope wherein you would desire protection. These have to be worded very carefully such that you cover your invention in as broad width as possible without bringing prior art matter into action in undeserving ways.
- Abstract: Brief summary (typically 150 words or less) of the invention, major components, and operation.
Step 4: File Your Patent Application
You will file your patent application with the appropriate patent office once you have filled out your forms. Filing is country to country or jurisdiction by jurisdiction, as the case may be where you are looking for protection for your patent.
For example, in America you finish up to the United States Patent and Trademark Office (USPTO). Otherwise, foreigners prefer finishing on Patent Cooperation Treaty spaces where you finish one application and get protection for patents in most nations.
2. Most there you will have two kinds of patent application for
- Provisional Patent Application: It gives the previous filing date but not the right to a full patent. It is generally used where an inventor wishes to acquire a filing date but is not prepared with a full application yet.
- Non-Provisional Patent Application: It is the one which actually initiates the examination. It contains all the documents required, e.g., patent claims, specification, and drawings.
After you have submitted your application, you will be given a filing receipt as your date of filing and application number.
Step 5: Response to Office Actions
After your application is received, it is checked by a patent examiner working in the patent office. Your application is checked by the examiner to determine if your application is patentable or not. It may take months or years for your process of examination to be over depending on the type of invention and work going through the patent office.
When you are filing your application, you might receive these Office Action, i.e., an observer letter with objections or comments to your application. Comments may:
- Your invention is not novel or unexpected in the observer’s view.
- Claims are vague or indefinite.
- Information or explanation about these is required.
You will have the opportunity to respond to the Office Action either by reasserting your claims, filing new evidence, or claiming your invention as patentable. Issue is accorded on your response.
Step 6: Patent Examination
Patent examination is the way the patent office resists your application on merits. The examiner will:
- Search for prior art: The examiner will dig through previous patents and publications to determine your invention to be novel.
- Review the claims: The examiner will make sure the claims are well-drafted and reflect the scope of your invention accurately.
- Determine patentability: The examiner will decide whether your invention is novel, non-obvious, and useful.
The patent office may issue one or more Office Actions during this stage, which you’ll need to address promptly.
Step 7: Patent Issuance
Your patent application shall remain in good standing and your answers shall hold up to examiner scrutiny prior to your patent being granted by the patent office. You will be notified of issuance and you will be owing an issue fee prior to your patent being issued. Your patent shall issue concomitantly with the issuance as a publication and grant sole right over your invention.
They have to be paid maintenance fees, though, to be effective, usually in equal amount installments for patent term.
3. International Patent Applications
If you do want to, though, to have patent protection in most countries, it is more complicated, though. Every country has its own special patent law, filing requirement, and process.
Patent Cooperation Treaty or PCT refers to an international patent treaty under which the patent application is filed with various countries and provides simple and speedy ways of acquiring patent protection.
A single corporation will file one international patent application to avail PCT services to acquire rights in more than 150 countries. The respective countries will then have the authority to accept or reject granting the patent. And lastly, you can approach national patent offices like the European Patent Office (EPO) in an attempt to acquire EU country patents.
4. Issues That Are Faced in the Patent Matter
- Fees: Purchase of a patent is extremely expensive, and apart from attorney charges for preparation and filing of patent application and subsequent renewal of the same by payment of renewal charge.
- Time: Two years are time for examiners to process and accordingly delay sale of a product by an inventor to the market.
- Patentability Issues: A majority of the applicants fail the test of patentability, i.e., novelty and non-obviousness.
- Patent Infringement: It is left entirely at the discretion of the patent holder to enforce the grant. It can sue on your patent infringement.
Conclusion
It is certainly highly significant to entrepreneurs, start-ups, and businesses that are eager to defend their new process, invention, or idea against duplication. It is lengthy and intricate though, but worthwhile in pursuing to secure a patent under intellectual property defense and gain company strength in competition.
From performing exhaustive patent searches and putting together a flawless application, to office action responses and filings outside of the US, each and every step in between has to be done correctly and with great care. With a talented patent agent or attorney at your fingertips, success or failure and being worth its weight in gold in terms of avoiding mistakes and cost might be what it hinges on.
It assists inventors to understand how the process works and therefore provides them with the right decision, and also protects their inventions in both ways. Get it right, your invention can then be developed to a feasible notion into an intellectual property that is protected to create business value, marketplace credibility, and long-term growth.
Frequently Asked Questions (FAQ)
Q1. How long does the patent application process take?
Ans) Review time to review the patent application may be 1 to 5 years depending on jurisdiction, type of invention, and patent office backlogs. Expedited examination facility can also be purchased from USPTO and others at additional cost.
Q2. What is the distinction among provisional patent application and non-provisional patent application?
Ans) A provisional patent application is one that provides only a short-time period of 12 months for the filing of a non-provisional application. It is an informal format and does not involve the filing of full claims. A non-provisional patent application is the actual one that puts the case at the examination stage.
Q3. Can I prepare and file a patent application myself without hiring an attorney?
Ans) Yes. You may prepare and submit the patent application yourself (pro se filing), but you could be very wise to employ a patent agent or attorney. Patent law is on a thin thread and if anything is wrong with the application, it will be rejected or invalidated for a patent.
Q4. What will a patent protect?
Ans) A patent will safeguard your invention by providing you with exclusive right to manufacture, use, sell, and lease the invention for a number of years. It will discourage individuals from duplicating or profiting from your invention without your consent.
Q5. How much does it cost?
Ans) Filing fee is not necessary but typically $5,000 to $15,000 USD based on complexity and attorney fee for a utility patent. Provisionals are cheaper, typically $1,000 to $3,000 USD.
Q6. What happens if my patent application is rejected?
Ans) If your application is rejected, you will receive an Office Action with reasons. You can reply, revise some claims, or protest. If your application is rejected, you can appeal or request continuation.
Q7. Am I patentable somewhere in the rest of the world outside of my initial country of residence?
Ans) Yes. You can make one international application under the Patent Cooperation Treaty (PCT) from where you can request protection in more than 150 countries. Each will use their mind thereto and ad-hoc fashion grant or deny a patent.
Q8. How long will I have to wait for a patent?
All utility patents expire automatically in 20 years from filing, and design patents expire automatically in 15 years from grant. You will also eventually be required to pay maintenance fees to maintain your patent.