Introduction
Patents are vital legal protections for inventors, safeguarding their ideas and providing the exclusive right to make, use, or sell an invention for a specific period. If you’ve developed an innovative product, process, or idea, filing for a patent ensures that no one else can copy or exploit your invention without permission. But working through the process of applying for a patent can be tricky.
• What Is a Patent?
A patent is a statutory monopoly right conferred by statute on the inventor to provide him a monopoly of sale or manufacture or use his invention for a limited period of time. Patente also has the right to give permission to other individuals to sell or manufacture his invention without his consent.
Patents are provided on various inventions like:
- Machine inventions, device inventions, engine inventions (mechanical inventions)
- Genetically bred animals, etc. (biological patents)
- New process, new product (chemical developments)
- Computer programs or computer program software programs (i.e., computer program patents)
- Functional (ornamental) class of goods, i.e., design patents
Granting a patent is a long process and a process of details. Let us simplify the grant of patent procedure by this. But let us proceed to the topic now.
• Patentability determination
Before attempting work on your patent application, first ascertain whether your invention is patentable. Not all inventions are patentable, and it will be a waste of your time and effort to first determine the primary patentability requirements.
Conditions of Primacy Patentability
- Novelty: Novelty is to be new or fresh, i.e., unknown hitherto until the date of filing until the present date. Novelty would become non-novelty if it is defined or described somewhere prior to it, even prior to publication of a research paper or prior patents.
- Non-Obviousness: Your invention should not be an obvious extension or extension of known prior art. That is, it should not be man-skilled-in-the-art-evident.
- Usefulness: The invention must be useful and must have the capacity to convey some utility. It must be beneficial, must be utilisable in any form or structure, and must be industry standard.
- Patentable Subject Matter: The invention must be a kind that will be granted by the patent office so. Natural laws, abstractions, and natural phenomena are a couple of the things that can’t be patented.
If it can be patented there, patent it.
• Patent Search
You would need to conduct a patent search before applying for a patent. A patent search informs you whether someone has patented your invention, or at least something very similar to your invention. It is something that you need to do so that you will not be investing other individuals’ money and time on an application that will be rejected.
• How to Do a Patent Search
- Patent search database: Google United States Patent and Trademark Office (USPTO), European Patent Office (EPO), or Google Patents database.
- Similar patent search: Find any patent that will be close to your invention and see whether your invention will be diverse enough to be a different invention.
- Do It for Them: Million to one you’d not read out the result or done it yourself, pay solicitor or patent agent fees.
By doing some good searching, you’re protected a little better on novelty for your invention and hence not throwing your money away unnecessarily.
Draw out a Detailed Description of Your Invention
The initial step that must be done in order to obtain a patent is to restrict your invention to a written description. Or, more accurately, a specification; it must be described in the manner in which the invention will operate. It is, of course, such details exactly that all then shall the patent office be able to ascertain the novelty of the invention and grant or reject the patent.
• Most important to clarify title in patent abstract
- Title: Brief summary, but do not create new sentences.
- Background: Brief background statement short of a statement of the problem your invention solves. Is there a notice to the examiner problem your invention solves?
- Descriptive Details: Reveal here the invention’s technical facts and what your invention is, does, and its components, and why your invention is better.
Drawings, diagrams, or sketches wherever detail of design specifics is necessary.
- Claims: Should be preliminary restraints and should be short. Claim are a characteristic or an attribute of an invention and should be brief and concise.
- Abstract: Brief (approximately 150-word) synopsis of invention and use. Brief description by patent examiner.
- Select the Patent Application Type
They give you a list of patents and filings you can utilize depending on the invention and type. They will guide you through it once you have chosen the most appropriate one for your invention.
Types of Patents
- Utility Patent: The standard patent for machine or process of discovery or composition of matter invention.
- Design Patent: For appearance and not use of exterior surface of article, i.e.,.
- Provisional Patent: A provisional patent application is a short, informal application that will allow the applicant to assert “patent pending” rights. It’s short and temporary (only 12 months), and formal claims aren’t being made, but it’s perfectly acceptable to hold your invention for ransom while you have the whole application to get done in your hands.
• File the Patent Application
Whenever you have applications and documents in your hand, the only option to act to file the same before the respective patent office remains in your hand. That would, of course, be for the world region whom you represent, i.e., USPTO in the US, the European Patent Office (EPO), or national/foreign patent offices.
Things to Remember
- Filing Fees: Filing is the cost of patenting and varies with type of patent, applicant size (small business, individual, large business), and where one is filing.
- Filing Online: Filing online can be done at any patent office and filing is easy and convenient.
- Time To File: Or in others, your application must be filed within window of public disclosure of your invention (i.e., 12 months from earliest public disclosure in US).
Patent Examining Process
Your application now will become process of examination. Your application will be searched by a patent examiner to see whether your application is according to all the patentability requirements i.e., novelty, non-obviousness, and utility.
Major Steps of the Examining Procedure:
- Official Examination: Patent office will scrutinize your application to inspect if your application is formal under, i.e., neatness and completeness presentation.
- The Substantive Examination: Your examiner will search and locate around twenty similar to your invention in an effort to determine whether your invention is patentable or not and even prior art search (publications, patents, etc.) to determine whether your invention is surprising and novel or otherwise.
- Office Actions: Technically if your application does not comply with the examiner, he/she issues to you an office action so that you come to know and will be cured. Defects should be cured on time.
- Amendments: Specialization of the application may be effected either due to amendment or surplus objection found by the examiner.
• Patent Grant or Rejection
And if your test taker would also love your application more, then your patent would be approved and notice of allowance sent to you. But if they don’t simply adore your invention except for their needs, then your application would be rejected.
If you’re Patent Is Approved,
- Patent Grant: Your patent is granted from publication and statutory rights to the patent rights in successive terms of limited duration (typically 20 years for utility patents).
- Patent Maintenance: You are making regular maintenance fee payments to keep your patent in effect.
If you’re Patent is rejected:
- Appeal: Once your application is rejected, you can appeal rejection or re-submit when you remake claims.
- Reconsideration: Or else you can resubmit your application to overcome objections of the examiner.
Post-Grant Considerations
Once you have granted your patent, you owe it to yourself to strongly defend your patent from infringement and secure your rights. That could include defending marketplace exploitation of your invention and suing where it is to your best advantage to do so.
Conclusion
Patent filing would be most of your job and protecting your intellectual property. While the process shall not be thrilling and mundane, finishing the process—patentability search to completion from beginning to filing and then continue—something that has been unavoidable to maintain your success rate in tact at best. Even if in case of employment planning so that above is being taken care of by an attorney or by an agent is worth.
Frequently Asked Questions (FAQs)
Q1. How much would it cost me to file a patent application?
ANS) Cost would typically be a function of whether or not it is one of the types of patents, inventiveness or perfection of state of invention, and where one files. Lowest cost to file a utility patent would be $400-$2,000 or more. Attorney fee and maintenance could be added.
Q2. How many years does it take to receive a patent?
ANS) In two, but 1-3 would have probably already gone by before they will issue a patent. That too is assuming what level of complexity the invention is and how much effort they’ve been putting on their patent office.
Q3. Do I do it myself?
ANS) Yes, do it yourself if you are able but best of all if you are able to do one or hire someone to do it for you if you have a complicated invention. They will ensure that you get your application flawless and fill out all the boxes where you are statutorily obligated.
Q5. What do I do if my patent is being infringed?
ANS) If you are the infringer, sue the infringer. You may settle, send a cease-and-desist letter, or sue for patent infringement.
Q6. Can I patent elsewhere?
ANS) Yes, you can be patented nearly everywhere in but primarily in most nations. You can apply for a global patent under the Patent Cooperation Treaty (PCT) and subsequently apply separately later on for each nation. Just remember, however, that patents can be country by country as the standard.