The patent process is simple and few steps to follow up. Intellectual property is an intangible asset – one that can offer the world an invention that can make life easy. And also contribute to the inventor or his company’s financial growth. An Intellectual property delivers with it a whole lot of benefits. It can transform an idea into a profit-making asset, improve the market value of a business, and even assist raise finances. Many inventions such as solar power trees, solar water purifiers, cane-based prosthetic limbs, and self-repairing roads have all been credited to Indian investors. These inventions have changed the world.
If you have built or invented a process, product, or service that can be described as an original invention. It is in your best advantage to get it patented. Patenting your invention stops your competitors from profiting from something designed by you. If you require to file a patent, you can suggest to this step-by-step guide including the complete patent process.
What is a patent?
A patent is a particular right given for an invention, that can be a product or a process that gives, in general, a new way of doing something, or gives a new technical solution to a problem. To obtain a patent, technical information regarding the invention must be revealed to the public in a patent application.
Benefits of International Patent Applications
There are some points to consider in International patent applications. First, we will consider the benefits of these applications which are as follows:
- International Business: – If you have your business internationally, then the PCT application is very helpful to you for patent protection. You do not require to file a Patent application individually in all countries that you want. This application provides you time to opt for countries that are PCT members.
- Provides an examination process:- This process allows the applicant to evaluate the likely patentability of the idea before more examination costs are incurred.
Global distribution and expansion plans:- If you need to expand your business, then you require to fill out the international patent application now. It will assist you to protect your intellectual property in the future. You can approach the investors who are involved in your plan.
Requirements for Filing the Application for Patent
It is usually not nearly possible to compile a universally applicable list. Now there are some basic requirements that one must take care of, before applying for patent:-
- The invention needs to show a light upon the part of novelty i.e., its components must not know in the body of the existing knowledge not even lightly.
- The invention must be such that an individual with common skills may not have assumed of producing a particular product or process in a singular technical field. It must be ‘non-obvious’ in nature and must include an inventive step.
- The invention must be such that it can also have an industrial application as well. It must not be confined just to a theoretical phenomenon but must be capable of adequate to be used for industrial and business plans as well.
- The most important condition for having the said product patented is to have a “subject matter”. Such a subject matter must be by the law. Like there are various countries where some discoveries of natural substances or some rare types of plants or animals, or medical methods or even aesthetic creations are not supposed to be patentable, so the patentee needs to make sure that it has a subject matter to get it registered without complications.
- The patentee must reveal all the features of the invention. Even the minute things that a person with primary or common technical skills can simply replicate. The exact invention by just having a peek at the details disclosed by the patentee.
First-to-File Rule
An investor who needs to preserve their invention in the U.S. requires to get a patent from the U.S. Patent and Trademark Office. One of the central patent rights is the right to stop someone else from getting a patent for the same invention. In many industries, innovation proceeds along parallel lines, so many inventors may develop the same invention at about the same time. This can build a race to the patent office.
While the inventor who first devised the invention historically got priority in the U.S. system, the America Invents Act changed this rule in 2013. Now, the applicant who first files their patent application takes priority. (There may be exceptions in some cases involving patents with multiple claims or foreign patent registration dates.) This system produces the U.S. by most international patent systems. As a result, an inventor no longer can get a patent in the U.S or another country. on the basis that they made a product or process before anyone else did.
Steps for Filing the International Patent
International patent applications are also known as PCT applications. It is the first step towards preparing exclusive patent rights for your idea or invention in the home country as well as in other countries. The World Intellectual Property Organization (WIPO) controls the PCT. This patent application provides you the protection for about 150 countries across the world for your invention. Although there are many ways to fill out the application.
Step 1: Complete Your Invention
The first step in getting a patent is to gather your ideas together. Put down all the ideas that make your invention work, showing how every part of your invention functions. You may require to have a working prototype of your invention, if relevant.
Step 2: Get Patent Search
A patent search is a must for all the existing inventions on the concepts that you are attempting to patent. Patent search protects you from the effort of going by the year-long registration patent process. You can stop if the patent is already registered before and make a new invention which will be unique. We at the trademark cart provide a patent search service just for you. Apply today with us.
Step 3: Prepare Application
The application puts to paper the features of your invention and submits it to the United States Patent and Trademark Office (USPTO) for review. To see if your invention is to be given a patent, The Patent Office examiners will notice if your invention is novel, non-obvious, and useful
The patent application is a very important part of the patent process. The way it is written defines the scope of your patent and the likelihood of being granted a patent. Moreover, it must be addressed in a specific legal language as needed by the USPTO. Hence, it is necessary to have an experienced patent professional draft and submit your patent application.
Without knowledge of how to properly direct your invention to paper in a legal manner, it is extremely difficult to obtain a patent. Furthermore, there are strategies for writing the application for all specific inventions. Such strategies can enhance the likelihood of getting a patent or expand the scope and protection value of a patent, once received.
Once you have submitted a patent application, you can directly use the term “patent pending” on your invention. If your patent is approved, the patent protection starts with the date your application was submitted.
Step 4: Patent Review
After the Patent Office accepts your application, it expects review by a patent analyst. The patent examiner will use various databases to find the same inventions that were published before yours. The analyst may then use such evidence to refuse your patent application. Most patent applications are denied upon first submission (Even Lemelson’s invention of the camcorder was). You and a patent professional will be able to revise your application and resubmit it to the Patent Office. Sometimes, the examiner will call your patent professional and consult with him on a mutually agreeable way to revise the application so that it can be approved.
Step:5 Issuance and Maintenance
If your patent is accepted, you have 20 years of protection since the date of your application. You will require to pay maintenance fees to the Patent Office every few years. Once the patent is given, the application status is updated online at the Patent site. It can prefer from 6 months to even 1.5 years for a patent certificate to be granted.
What kind of protection does a patent offer?
In the system, the patent owner has the sole right to limit or stop others from commercially exploiting the patented invention. In other words, patent protection suggests that the invention cannot be commercially produced, used, distributed, imported, or sold by others without the patent owner’s permission.
Patents are territorial rights. In common, the exclusive rights are only relevant in the country or region in that a patent has been filed and granted, following the law of that country or region.
Deadlines for Patent Application
You must apply within the 12 months of filing with USPTO. Many countries have their schedules and conditions for the application. Please consult and check them before applying. Even there is no deadline for registering a patent application in the U.S and other international countries. You should present a Patent application as soon as likely in the invention process.
Apply with Trademarkcart. It offers all the services related to the patent at the international level and especially in the US. So apply today.
Even you can ring us at the number: +1-3024672224 or mail us at [email protected]
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