Patents for sale are patent rights granted to an inventor that are being sold in public. Patents for sale companies specialize in allowing companies and individuals to buy or sell ideas, new inventions and patents as well as art, crafts and other intellectual properties. Patents for Sale companies provide a link of the innovators with investors and manufacturers as well as agents, galleries and publishers who have the resources to market new ideas and talents at the worldwide level.
These companies that offer patents for sale can help leverage the massive reach of the global network, and promote the innovation and talent to the worldwide intellectual property transfer market which is now estimated to be worth over $100 billion.
Patents for sale enable inventors with a new idea, an invention or a creative work, to license it or sell it for millions of dollars. Numerous manufacturers, investors, idea commercialization firms as well as galleries, agents and publishers regularly search patents for sale online database for new talents and innovators.
Patents for sale listings are intended to attract attention from potential buyers or sellers from all over the world. Inventors can post all types and stages of intellectual property for sale or licensing, including patented and unpatented inventions, trademarks and trade secrets. Members may also post creative works, including crafts, literary, musical and artistic as well as photographic and audiovisual works. For those inventors with their own website that offer patents for sale it is possible to promote the website for increased traffic and sales by listing it on some websites network.
The outright buying or licensing arrangement in patents for sale is greatly advantageous for the inventors, artists and crafters. Patents for sale will enable the company who bought it to take the invention or work to the next level by developing it. And then turning it into a successful product, service or business entity for the worldwide market. Patents for sale also transfer the risk or hassle of maintaining a production plant, warehouse and website from the inventor to the marketer or company. The inventor in turn improves his or her cash flow. The outright buying or licensing arrangement in patents for sale is a better arrangement than selling the work or invention at traditional art fair, craft show or invention fair as they can be expensive. These art fairs or craft shows also provide very limited exposure and run for a limited time.
There are several companies that offer online trading of intellectual property to make patents for sale negotiations easier and smoother. These patents for sale companies online offer the most popular forum for buying and selling intellectual property.
Showing posts with label Patents. Show all posts
Showing posts with label Patents. Show all posts
How to Patent an Idea
If you are an inventor learning how to patent an idea is a very necessary requirement. Part of the process of how to patent an idea is to make a patent application. A patent application consists of a written description of the invention or specification, together with illustrative drawings to disclose the invention, and claims. The disclosure or specification on how to patent an idea is required by law to be sufficient for one skilled in the art to which the invention pertains to be able to practice the invention. At the end of the application or how to patent an idea you can find a series of numbered paragraphs called "claims". The claims define the scope, range or area of the invention. The scope of the claims is interpreted from the disclosure or specification and technologies existing before you even inquire on how to patent an idea.
In learning how to patent an idea it is first important to know if your invention is patentable. During the patent search phase, you must determine if the invention is patentable. In the evaluation phase, you should conduct an in-depth investigation into the technical field involved, including study of the closest prior patents and references and a comparison with the invention to identify differences.
If after the process you or the patent attorney decides that a patent should be applied for, then a patent application will be drafted and filed in the USPTO. You can choose to how to patent idea between full-blown regular patent applications (RPA) or you can use how to patent an idea for the provisional patent application (PPA) on the invention. The PPA allows you to claim patent pending status for the invention but involve only a small fraction of the work and cost of a regular patent application. In the PPA, all that is required from the applicant on how to patent an idea is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.
If you how to patent an idea on the invention, you or the patent attorney should provide the examiner a detailed description of how the invention is made and used, accompanied by drawings, and ends with a set of claims that will ultimately define the scope of the inventor's patent rights. If the application on how to patent an idea succeeds, a patent is issued on the application. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken to the U.S. Court of Appeals for the Federal Circuit.
In learning how to patent an idea it is first important to know if your invention is patentable. During the patent search phase, you must determine if the invention is patentable. In the evaluation phase, you should conduct an in-depth investigation into the technical field involved, including study of the closest prior patents and references and a comparison with the invention to identify differences.
If after the process you or the patent attorney decides that a patent should be applied for, then a patent application will be drafted and filed in the USPTO. You can choose to how to patent idea between full-blown regular patent applications (RPA) or you can use how to patent an idea for the provisional patent application (PPA) on the invention. The PPA allows you to claim patent pending status for the invention but involve only a small fraction of the work and cost of a regular patent application. In the PPA, all that is required from the applicant on how to patent an idea is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.
If you how to patent an idea on the invention, you or the patent attorney should provide the examiner a detailed description of how the invention is made and used, accompanied by drawings, and ends with a set of claims that will ultimately define the scope of the inventor's patent rights. If the application on how to patent an idea succeeds, a patent is issued on the application. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken to the U.S. Court of Appeals for the Federal Circuit.
Steps for Getting A Patent
After making an invention that is meant to fill a need or solve a problem, an inventor need to follow several steps for getting a patent on a product or technology. There are several reasons in going through the different steps for getting a patent on an invention. It could be because you might want to make some money, if you could get the exclusive right to produce or to license your invention. It could be for prestige. Whatever it is, going through the steps for getting a patent is not easy and should be done properly.
Thousands of inventors have successfully done the different steps for getting a patent on their own without the aid of a lawyer. Although a lawyer’s help is definitely invaluable but if you don’t have the money then you can follow the steps for getting a patent by yourself and secure the patent. Federal law requires patent examiners at the U.S. Patent and Trademark Office (USPTO) to help individual inventors who apply for patents without a lawyer's help.
One of the most important steps for getting a patent is to make sure your invention qualifies for a patent and you need to be able to describe all aspects of your invention. These steps for getting a patent are indispensable. You might find later on that some steps for getting a patent are easy, others are more difficult. As with all new endeavors, you will succeed by trial and error. But by taking the steps for getting a patent one step at a time, you may acquire the long sought-for patent.
The following are the basic steps for getting a patent:
1. Keep a careful record of your invention. In steps for getting a patent it is important to keep a record of the invention process. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. Fit your invention into one of the Patent and Trademark Office's broad categories and satisfy yourself that the invention is something new.
3. Assess the commercial potential of your invention. Applying for a patent is a business decision; therefore you need to research the market you hope to enter.
4. Do a thorough patent search. Doing a patent search is one of the valuable steps for getting a patent to prove that there was no ‘prior art’ invention.
5. Prepare and file an application with the USPTO. One of the steps for getting a patent is to choose what to apply for. You can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention. All that is required to file a PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.
Thousands of inventors have successfully done the different steps for getting a patent on their own without the aid of a lawyer. Although a lawyer’s help is definitely invaluable but if you don’t have the money then you can follow the steps for getting a patent by yourself and secure the patent. Federal law requires patent examiners at the U.S. Patent and Trademark Office (USPTO) to help individual inventors who apply for patents without a lawyer's help.
One of the most important steps for getting a patent is to make sure your invention qualifies for a patent and you need to be able to describe all aspects of your invention. These steps for getting a patent are indispensable. You might find later on that some steps for getting a patent are easy, others are more difficult. As with all new endeavors, you will succeed by trial and error. But by taking the steps for getting a patent one step at a time, you may acquire the long sought-for patent.
The following are the basic steps for getting a patent:
1. Keep a careful record of your invention. In steps for getting a patent it is important to keep a record of the invention process. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. Fit your invention into one of the Patent and Trademark Office's broad categories and satisfy yourself that the invention is something new.
3. Assess the commercial potential of your invention. Applying for a patent is a business decision; therefore you need to research the market you hope to enter.
4. Do a thorough patent search. Doing a patent search is one of the valuable steps for getting a patent to prove that there was no ‘prior art’ invention.
5. Prepare and file an application with the USPTO. One of the steps for getting a patent is to choose what to apply for. You can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention. All that is required to file a PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.
US Patent Information
An inventor can start his or her own Patent Search by accessing the US patent information database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. US patent information database may be the most popular means of search that can be used by a layperson. The US patent information database only contains "keyword" searchable patent data from 1975 forward. A US patent information database, publications and journals is also an important step to assure the patentability of the invention. Inventors can make a search of patents already granted in text books, journals and other publications to be sure that someone else has not already invented their idea. They may hire someone to do it for them or may do the search on the US patent information at the Public Search Room of the US Patents and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the US Patents and Trademark Depository Libraries across the country.
US patent information says that patent can be obtained on "inventions". Inventions include any new and useful machine, process, article of manufacture, composition of matter (such as a new chemical composition), and improvements on any of these things. US patent information also shows that there are three types of patents granted by the U.S. Patent Office: utility patents, design patents and plant patents.
US patent information also reveals that patent does not apply to the following: copyright, trademarks, abstract ideas, pure mathematical manipulations of numbers and laws or products of nature. Patent is not award to pure ideas or suggestions alone. There has to be a workable invention for it to be accepted. Computer software was originally considered not patentable. However, in recent years, US patent information has changed making software inventions patentable.
One must research and keep in mind some important patent information before filing for a patent application. Important patent information is that patent application can be filed without conducting a patent analysis and search. But it is important to discover potential similar patents before filing a patent application. Possible problems that might crop up in the future can be altogether avoided by reviewing US patent information on similar patents and patent applications beforehand. Patent invalidity does not automatically happen if there are patents similar to the invention; however it is difficult to obtain a patent if there are identical patents to their invention. According to statistics, the US patent information reveals that patent applications often fail first time around. And this happens 80% of the time.
US patent information says that patent can be obtained on "inventions". Inventions include any new and useful machine, process, article of manufacture, composition of matter (such as a new chemical composition), and improvements on any of these things. US patent information also shows that there are three types of patents granted by the U.S. Patent Office: utility patents, design patents and plant patents.
US patent information also reveals that patent does not apply to the following: copyright, trademarks, abstract ideas, pure mathematical manipulations of numbers and laws or products of nature. Patent is not award to pure ideas or suggestions alone. There has to be a workable invention for it to be accepted. Computer software was originally considered not patentable. However, in recent years, US patent information has changed making software inventions patentable.
One must research and keep in mind some important patent information before filing for a patent application. Important patent information is that patent application can be filed without conducting a patent analysis and search. But it is important to discover potential similar patents before filing a patent application. Possible problems that might crop up in the future can be altogether avoided by reviewing US patent information on similar patents and patent applications beforehand. Patent invalidity does not automatically happen if there are patents similar to the invention; however it is difficult to obtain a patent if there are identical patents to their invention. According to statistics, the US patent information reveals that patent applications often fail first time around. And this happens 80% of the time.
Patent Brokering
Patent brokering pertains to the business of tracking down and locating the specific information a business, organization or client needs. Patent brokering refers to finding, organizing, analyzing and packaging information in a way that makes it meaningful and relevant to a client. Some of the research projects that require the services of patent brokering include: background research about a new product concept, carry out a patent search on a product they want to introduce, to learn about companies producing related products and determine their pricing or find out as much as possible about a new market. Many companies use patent brokering firms to do research about their competitors in their industries.
For those of you considering Patent Brokering as a new career, you will need to do some research about the field before deciding whether to begin a patent brokering business. Patent brokering is an information brokering business which specializes on patents. Starting a patent brokering business requires investing time and dollars for business development. For instance, many individuals involve in patent brokering sign on to various online database vendors and commit to online database training, collections of documentation, and a substantial learning curve.
Or, you may decide to pursue seminars or educational programs to learn patent brokering. Some of those who want to go into patent brokering pursue graduate school to obtain a masters degree in library and information science or a field of specialization. Patent brokering also requires investment in new hardware and software. You may also decide to launch a sophisticated marketing program, which often involves significant up-front costs.
In Patent Brokering the following personality traits are necessary:
1. The ability to define and implement goals. Being an "idea" person is not enough. You must be able to follow-through.
2. An inclination to take risks, at least calculated risks.
3. An outgoing personality is beneficial.
4. You must be open to new ideas and potential business relationships. The trait of "being open" can bring you many business opportunities.
5. You must be creative in business development ideas to grow your business.
Liking research and being good at it, being comfortable with computers, even being fairly good at spelling and typing are important skills. The key, to success in patent brokering, however, centers on an ability to market your business and develop a client base. You must identify clients and educate them. You need to tell prospective clients, through skillful marketing, what services you have to offer and how the client will benefit from these services. You need to market and sell in patent brokering business.
For those of you considering Patent Brokering as a new career, you will need to do some research about the field before deciding whether to begin a patent brokering business. Patent brokering is an information brokering business which specializes on patents. Starting a patent brokering business requires investing time and dollars for business development. For instance, many individuals involve in patent brokering sign on to various online database vendors and commit to online database training, collections of documentation, and a substantial learning curve.
Or, you may decide to pursue seminars or educational programs to learn patent brokering. Some of those who want to go into patent brokering pursue graduate school to obtain a masters degree in library and information science or a field of specialization. Patent brokering also requires investment in new hardware and software. You may also decide to launch a sophisticated marketing program, which often involves significant up-front costs.
In Patent Brokering the following personality traits are necessary:
1. The ability to define and implement goals. Being an "idea" person is not enough. You must be able to follow-through.
2. An inclination to take risks, at least calculated risks.
3. An outgoing personality is beneficial.
4. You must be open to new ideas and potential business relationships. The trait of "being open" can bring you many business opportunities.
5. You must be creative in business development ideas to grow your business.
Liking research and being good at it, being comfortable with computers, even being fairly good at spelling and typing are important skills. The key, to success in patent brokering, however, centers on an ability to market your business and develop a client base. You must identify clients and educate them. You need to tell prospective clients, through skillful marketing, what services you have to offer and how the client will benefit from these services. You need to market and sell in patent brokering business.
Patent Foramen Ovale
Patent foramen ovale is a persistent opening in the wall of the heart which did not close completely after birth (opening required before birth for transfer of oxygenated blood via the umbilical cord). This opening can cause a shunt of blood from right to left , but more often there is a movement of blood from the left side of the heart (high pressure) to the right side of the heart (low pressure).
Fetuses have a normal opening between the left and right atria (upper chambers) of the heart. If this opening fails to close naturally soon after the baby is born, the condition is called patent foramen ovale (PFO). Patent foramen ovale is the persistence of a fetal opening between the left and right atria (upper chambers) of the heart. This hole allows blood to bypass the lungs, because they are not used until a baby is born. The foramen ovale normally closes soon after the infant is born. The foramen ovale may remain open in as many as 1 out of 5 people. The cause is unknown and there are no known risk factors for developing a patent foramen ovale or PFO.
A patent foramen ovale represents an interatrial communication that is common in children. The presence of patent foramen ovale rarely has clinical significance in situations where no other congenital heart defect is present.
People with shunts are less likely to develop fainting or low blood pressure with diving than are obstructive valve lesions (such as mitral valve stenosis or aortic stenosis), but are more likely to develop fluid accumulation in the lungs from heart failure and severe shortness of breath from the effects of combined exercise and water immersion. Ordinarily, the left to right shunt will cause no problem; the right to left shunt, if large enough, will cause low arterial O2 tension (hypoxia) and severely limited exercise capacity. In divers there is the risk of paradoxical embolism of gas bubbles (passage of bubbles into the arterial circulation) which occur in just about all divers in the venous circulation during decompression.
Several echocardiography and postmortem studies indicate that the foramen remains competent in 30% of patent foramen ovale patients with otherwise normal cardiac anatomy.
Mortality/Morbidity:
* The vast majority of patients with patent foramen ovale experience no symptoms throughout life.
* Morbidity, though rare, is predominantly due to paradoxical embolism. Cerebrovascular ischemic events can be attributed to paradoxical embolism through patent foramen ovale. This occurs more frequently in adults who experience deep-vein thrombosis or a hypercoagulable state. Risk of paradoxical air embolism is high in children and adults who undergo neurosurgical procedures. In particular, the sitting position for neurosurgery carries high risk for paradoxical air embolisms. Additionally, patients with pulmonary disease and high pulmonary vascular resistance are at risk for right-to-left shunting and paradoxical embolism.
Fetuses have a normal opening between the left and right atria (upper chambers) of the heart. If this opening fails to close naturally soon after the baby is born, the condition is called patent foramen ovale (PFO). Patent foramen ovale is the persistence of a fetal opening between the left and right atria (upper chambers) of the heart. This hole allows blood to bypass the lungs, because they are not used until a baby is born. The foramen ovale normally closes soon after the infant is born. The foramen ovale may remain open in as many as 1 out of 5 people. The cause is unknown and there are no known risk factors for developing a patent foramen ovale or PFO.
A patent foramen ovale represents an interatrial communication that is common in children. The presence of patent foramen ovale rarely has clinical significance in situations where no other congenital heart defect is present.
People with shunts are less likely to develop fainting or low blood pressure with diving than are obstructive valve lesions (such as mitral valve stenosis or aortic stenosis), but are more likely to develop fluid accumulation in the lungs from heart failure and severe shortness of breath from the effects of combined exercise and water immersion. Ordinarily, the left to right shunt will cause no problem; the right to left shunt, if large enough, will cause low arterial O2 tension (hypoxia) and severely limited exercise capacity. In divers there is the risk of paradoxical embolism of gas bubbles (passage of bubbles into the arterial circulation) which occur in just about all divers in the venous circulation during decompression.
Several echocardiography and postmortem studies indicate that the foramen remains competent in 30% of patent foramen ovale patients with otherwise normal cardiac anatomy.
Mortality/Morbidity:
* The vast majority of patients with patent foramen ovale experience no symptoms throughout life.
* Morbidity, though rare, is predominantly due to paradoxical embolism. Cerebrovascular ischemic events can be attributed to paradoxical embolism through patent foramen ovale. This occurs more frequently in adults who experience deep-vein thrombosis or a hypercoagulable state. Risk of paradoxical air embolism is high in children and adults who undergo neurosurgical procedures. In particular, the sitting position for neurosurgery carries high risk for paradoxical air embolisms. Additionally, patients with pulmonary disease and high pulmonary vascular resistance are at risk for right-to-left shunting and paradoxical embolism.
U.S. Patent Search
U.S. patent search is an important step in attaining patent. U.S. patent search determines the patentability of an invention. It serves as the basis in applying for a patent. U.S. patent search has traditionally been limited to the U.S. Patent and Trademark Office database records of prior patents and publications. But the internet and the recognition of business method patents change the methods. U.S. Patent searches are now conducted beyond the walls of the U.S. Patent and Trademark Office.
U.S. patent search makes use of printed publications, journals or other technical articles. It is the patent counsel’s or, if there is none, the inventor’s duty to examine each of these "references" and compare them with the proposed invention. In the case of prior patents, the claims of the patent will define the scope of the invention. Reading and understanding claims is an art that comes with experience. From this examination, an opinion letter is drafted, identifying the references similar to the proposed invention. The patent opinion explains what is shown by each reference and then if possible distinguishes those references from the proposed invention. Then as a parting shot, patent opinion discloses the likelihood that a patent will be granted on the proposed invention.
For an inventor to be able to start his or her own U.S. patent search he or she needs to access the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. Patent Database may be the most popular means of U.S. Patent search available to a layperson. The U.S. patent search database only contains "keyword" searchable patent data from 1975 forward. In the case of articles of manufacture it is particularly important that a manual search through the classes and sub-classes is conducted on the U.S. database. Moreover, public disclosure or public use of the invention, even without patenting, renders it unpatentable. Accordingly, a search of public databases, publications and journals is also an important step to assure the patentability of the invention.
U.S. patent search helps prevent shelling out thousands of dollars in a patent application. An inventor has the choice to conduct their own U.S. patent search or retain experienced patent counsel to perform a U.S. patent search and opinion for them. But all is not lost for the inventor in cases of prior art. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior U.S. patent search allows the inventor to identify the patentable elements and file a patent application which avoids the prior art. U.S. Patent search limits the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.
U.S. patent search makes use of printed publications, journals or other technical articles. It is the patent counsel’s or, if there is none, the inventor’s duty to examine each of these "references" and compare them with the proposed invention. In the case of prior patents, the claims of the patent will define the scope of the invention. Reading and understanding claims is an art that comes with experience. From this examination, an opinion letter is drafted, identifying the references similar to the proposed invention. The patent opinion explains what is shown by each reference and then if possible distinguishes those references from the proposed invention. Then as a parting shot, patent opinion discloses the likelihood that a patent will be granted on the proposed invention.
For an inventor to be able to start his or her own U.S. patent search he or she needs to access the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. Patent Database may be the most popular means of U.S. Patent search available to a layperson. The U.S. patent search database only contains "keyword" searchable patent data from 1975 forward. In the case of articles of manufacture it is particularly important that a manual search through the classes and sub-classes is conducted on the U.S. database. Moreover, public disclosure or public use of the invention, even without patenting, renders it unpatentable. Accordingly, a search of public databases, publications and journals is also an important step to assure the patentability of the invention.
U.S. patent search helps prevent shelling out thousands of dollars in a patent application. An inventor has the choice to conduct their own U.S. patent search or retain experienced patent counsel to perform a U.S. patent search and opinion for them. But all is not lost for the inventor in cases of prior art. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior U.S. patent search allows the inventor to identify the patentable elements and file a patent application which avoids the prior art. U.S. Patent search limits the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.
Patent Attorney
Patent attorney serves as counsels to corporations or individuals. Patent attorney helps determine if the invention is patentable. Patent attorney does this by evaluating the invention. Depending on the result of the evaluation, patent attorney advises the client as to whether a patent application should be filed on the invention. During the evaluation phase, patent attorney conduct in-depth investigation into the technical field involved, including study of the closest prior patents and references and a comparison with the invention to identify differences.
If the patent attorney decides that a patent should be applied for, then a patent application will be drafted and filed in the USPTO. In the application, patent attorney give includes a detailed description of how the invention is made and used, accompanied by drawings, and ends with a set of claims that will ultimately define the scope of the inventor's patent rights. After the application has been filed in the USPTO, it is assigned to a patent examiner. Through correspondence with the examiner, discussions in person or by telephone, and perhaps amendments to the claims, the patent attorney seek to obtain favorable final action for the applicant. If the patent lawyery succeeds, a patent is issued on the application. If the invention is not patentable, the applicant, with the patent attorney's assistance, can appeal to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
The patent attorney may file patent applications in other countries to increase the area of patent protection of the patent owner if the invention is marketed worldwide. The actual filing and prosecution of these foreign applications are usually handled by foreign firms. U.S. patent attorney is expected though to have some working knowledge of the various patent laws and procedures in the major industrial nations of the world in order to give legal advice to the client.
After the patent is approved, the patent attorney may investigate and develop licensing opportunities for the patented product or process. Patent attorney advises and represent clients in related areas other than in patent such as trade secret law, copyright law and trademark law. Patent attorney can also secure permission for their clients to make use of intellectual property owned by others. The lawyer may draft and negotiate licenses for a particular patented product, trademark, or copyrighted work that the client would like to market or use.
If the patent attorney decides that a patent should be applied for, then a patent application will be drafted and filed in the USPTO. In the application, patent attorney give includes a detailed description of how the invention is made and used, accompanied by drawings, and ends with a set of claims that will ultimately define the scope of the inventor's patent rights. After the application has been filed in the USPTO, it is assigned to a patent examiner. Through correspondence with the examiner, discussions in person or by telephone, and perhaps amendments to the claims, the patent attorney seek to obtain favorable final action for the applicant. If the patent lawyery succeeds, a patent is issued on the application. If the invention is not patentable, the applicant, with the patent attorney's assistance, can appeal to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
The patent attorney may file patent applications in other countries to increase the area of patent protection of the patent owner if the invention is marketed worldwide. The actual filing and prosecution of these foreign applications are usually handled by foreign firms. U.S. patent attorney is expected though to have some working knowledge of the various patent laws and procedures in the major industrial nations of the world in order to give legal advice to the client.
After the patent is approved, the patent attorney may investigate and develop licensing opportunities for the patented product or process. Patent attorney advises and represent clients in related areas other than in patent such as trade secret law, copyright law and trademark law. Patent attorney can also secure permission for their clients to make use of intellectual property owned by others. The lawyer may draft and negotiate licenses for a particular patented product, trademark, or copyrighted work that the client would like to market or use.
Search Patent
Search patent is one of the most basic thing an inventor has to do when applying for patent. Search patent enables the inventor to know if his invention is already patented or not. Search patent can determine if the proposed invention merits the patentability as set by the statutory conditions.
The most basic place to do search patent is accessing database of the US Patent and Trademark Office worldwide. There are designated patent libraries which one can use too. During search patent, an inventor should compare a collection of prior patents, printed publications, journals or other technical articles with the invention. These references serve as basis for determining the patentability of an invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid.
Purposes in Conducting Search Patent
1. Find out if invention is patentable.
Search patent helps determine if the invention can be patented or somebody has made a prior claim on the invention before. This way, search patent can prevent you from investing valuable time, energy and money on unpatentable invention.
2. Avoid patent infringement.
Search patent will enable the inventor to prevent costly lawsuits due to patent infringement on someone else's patent.
3. Find similar patents.
Search patent will help you generate ideas on similar products on how to improve your existing design. You may have little idea on what are the recent innovations pertaining to your invention or what other experts in the field have already developed. Search patent will bring you up to date on the state of the art.
4. Protect your patent.
When writing a patent application, the search patent can aid the attorney in knowing what the most similar patents cover. If you file a patent without using comprehensive search patent you risk another previous inventor coming forward and invalidating your invention.
5. Marketing your invention.
If you don't yet have a patent, the best way to sell a license is a strong patentability opinion from a patent attorney. Search patent may help show that the idea can be patented and licensed.
Search patent may also enable the inventor to apply for a patent despite prior art claims. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior Search patent and Opinion allows the inventor to identify the patentable elements and file a patent application which avoids the prior art and prevents any patent infringement.
The most basic place to do search patent is accessing database of the US Patent and Trademark Office worldwide. There are designated patent libraries which one can use too. During search patent, an inventor should compare a collection of prior patents, printed publications, journals or other technical articles with the invention. These references serve as basis for determining the patentability of an invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid.
Purposes in Conducting Search Patent
1. Find out if invention is patentable.
Search patent helps determine if the invention can be patented or somebody has made a prior claim on the invention before. This way, search patent can prevent you from investing valuable time, energy and money on unpatentable invention.
2. Avoid patent infringement.
Search patent will enable the inventor to prevent costly lawsuits due to patent infringement on someone else's patent.
3. Find similar patents.
Search patent will help you generate ideas on similar products on how to improve your existing design. You may have little idea on what are the recent innovations pertaining to your invention or what other experts in the field have already developed. Search patent will bring you up to date on the state of the art.
4. Protect your patent.
When writing a patent application, the search patent can aid the attorney in knowing what the most similar patents cover. If you file a patent without using comprehensive search patent you risk another previous inventor coming forward and invalidating your invention.
5. Marketing your invention.
If you don't yet have a patent, the best way to sell a license is a strong patentability opinion from a patent attorney. Search patent may help show that the idea can be patented and licensed.
Search patent may also enable the inventor to apply for a patent despite prior art claims. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior Search patent and Opinion allows the inventor to identify the patentable elements and file a patent application which avoids the prior art and prevents any patent infringement.
Patent Process
As an inventor knowing patent process is a very important requirement. This could help your bid in securing a patent. The invention could be worth millions of dollars which could justify the trouble of going through the patent process. The patent process could be greatly facilitated by the aid of patent lawyers or agent. But inventors can do the job themselves.
Probably the most basic step on patent process is to determine if the invention is patentable. This plays a huge factor during the patent process. The result of the evaluation will determine if you push through with the application for patent or not.
The following suggestions help you with the patent process:
1. Keep a careful record of your invention. In this patent process you are required to record every step of the invention process in a notebook. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. In this patent process you need to show how your invention works. It must be different in some important way from all previous inventions. It also cannot be for sale or be known about for more than a year before you apply for a patent.
3. Assess the commercial potential of your invention. This patent process demands that you research the market you hope to enter.
4. Do a thorough patent search. This patent process entails that you need to search all the earlier developments in your field. You will be able to prepare a strong patent application.
5. Prepare and file an application with the USPTO. In this patent process you choose to file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention at USPTO.
After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on the patent process is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on patent process requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Probably the most basic step on patent process is to determine if the invention is patentable. This plays a huge factor during the patent process. The result of the evaluation will determine if you push through with the application for patent or not.
The following suggestions help you with the patent process:
1. Keep a careful record of your invention. In this patent process you are required to record every step of the invention process in a notebook. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. In this patent process you need to show how your invention works. It must be different in some important way from all previous inventions. It also cannot be for sale or be known about for more than a year before you apply for a patent.
3. Assess the commercial potential of your invention. This patent process demands that you research the market you hope to enter.
4. Do a thorough patent search. This patent process entails that you need to search all the earlier developments in your field. You will be able to prepare a strong patent application.
5. Prepare and file an application with the USPTO. In this patent process you choose to file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention at USPTO.
After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on the patent process is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on patent process requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Patent Drawing
Patent drawing is a requirement by law for patent applications in order to understand the nature of the invention. The Commissioner may require patent drawing where the nature of the subject matter admits of it; these patent drawing must be filed with the application. This includes practically all inventions except compositions of matter or processes, but patent drawing may also be useful in the case of many processes.
The patent drawing must show every feature of the invention specified in the claims. Patent drawing is also required by the Office rules to be in a particular form. The Office specifies the size of the sheet on which the patent drawing are made, the type of paper, the margins, and other details relating to the making of the patent drawings. The reason for specifying the standards in detail is that the patent drawing are printed and published in a uniform style when the patent is issued. Also, the patent drawing must also be such that they can be readily understood by persons using the patent descriptions.
Standards for Patent Drawing:
(a) Drawings. There are two acceptable categories for presenting drawings in utility patent applications:
(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings, or
(2) Color. Rarely color patent drawings may be necessary as the only practical medium to disclose the subject matter sought to be patented in a utility patent application or the subject matter of a statutory invention registration. The Patent and Trademark Office will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following:
(i) The appropriate fee set forth
(ii) Three (3) sets of color patent drawings; and
(iii) The specification must contain the following language as the first paragraph in that portion of the specification relating to the brief description of the patent drawings:
‘‘The file of this patent contains at least one drawing executed in color. Copies of this patent with color drawing(s) will be provided by the Patent and Trademark Office upon request and payment of the necessary fee."
No names or other identification will be permitted within the “sight” or near the patent drawing. Applicants must use the space above and between the hole locations to identify each sheet of drawings. The identification may consist of the attorney’s name and docket number or the inventor’s name and application number and may include the sheet number and the total number of sheets filed (for example, “sheet 2 of 4”).
The patent drawing must show every feature of the invention specified in the claims. Patent drawing is also required by the Office rules to be in a particular form. The Office specifies the size of the sheet on which the patent drawing are made, the type of paper, the margins, and other details relating to the making of the patent drawings. The reason for specifying the standards in detail is that the patent drawing are printed and published in a uniform style when the patent is issued. Also, the patent drawing must also be such that they can be readily understood by persons using the patent descriptions.
Standards for Patent Drawing:
(a) Drawings. There are two acceptable categories for presenting drawings in utility patent applications:
(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings, or
(2) Color. Rarely color patent drawings may be necessary as the only practical medium to disclose the subject matter sought to be patented in a utility patent application or the subject matter of a statutory invention registration. The Patent and Trademark Office will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following:
(i) The appropriate fee set forth
(ii) Three (3) sets of color patent drawings; and
(iii) The specification must contain the following language as the first paragraph in that portion of the specification relating to the brief description of the patent drawings:
‘‘The file of this patent contains at least one drawing executed in color. Copies of this patent with color drawing(s) will be provided by the Patent and Trademark Office upon request and payment of the necessary fee."
No names or other identification will be permitted within the “sight” or near the patent drawing. Applicants must use the space above and between the hole locations to identify each sheet of drawings. The identification may consist of the attorney’s name and docket number or the inventor’s name and application number and may include the sheet number and the total number of sheets filed (for example, “sheet 2 of 4”).
Patent Protection
Patent protection provides security to the patent applicant against patent infringement. Patent infringement would occur if someone made, used or sold your patented door lock without your permission in a country that has granted you a patent, during the term of the patent.
If you have patent protection and you believe your patent is infringed, you may sue for damages in the appropriate court. The defendant may argue that infringement on your patent protection did not occur or may attack the validity of your patent. The court will determine who is right, basing its decision largely on the language of the claims. If what the defendant is doing is not within the wording of any of the claims of your patent, or if the patent is declared to be invalid for any reason, there is no infringement. When you obtain a patent in United States and Canada, you enjoy patent protection that will enable you to sue infringers for all damages sustained after the grant of your patent.
The Patent Act does not require that patents be marked as "Patented." However, marking an article as patented for patent protection when it isn't is against the law. You may wish to mark your invention "Patent Applied For" or "Patent Pending" after you have filed your application for patent protection. These phrases have no legal effect but may serve as warnings to others for patent protection and that you'll be able to enforce the exclusive right to manufacture the invention once a patent is granted.
In obtaining patent protection it is important to do patent search. This will determine if your invention has ever been patented before. Don't count on obtaining patent protection until it's actually in hand though.
After doing a preliminary search, patent protection also entails that one should apply for a patent. A patent application consists of an abstract, a specification and often drawings. The abstract is a brief summary of the contents of the specification. The specification comprises:
1. a clear and complete description of the invention and its usefulness;
2. claims which define the boundaries of patent protection.
Your specification must be so clear and complete that it will enable anyone with average skill in the technology to make or use the invention.
Information you specify as protected by your claims cannot be used freely (copied, manufactured or sold) by others until the patent expires. Information not protected by your claims can be used immediately by anyone. The challenge is to draft the claims so that your invention is defined broadly enough to provide maximum patent protection against potential infringers, while at the same time being sufficiently specific to identify your invention and distinguish it from all prior inventions.
If you have patent protection and you believe your patent is infringed, you may sue for damages in the appropriate court. The defendant may argue that infringement on your patent protection did not occur or may attack the validity of your patent. The court will determine who is right, basing its decision largely on the language of the claims. If what the defendant is doing is not within the wording of any of the claims of your patent, or if the patent is declared to be invalid for any reason, there is no infringement. When you obtain a patent in United States and Canada, you enjoy patent protection that will enable you to sue infringers for all damages sustained after the grant of your patent.
The Patent Act does not require that patents be marked as "Patented." However, marking an article as patented for patent protection when it isn't is against the law. You may wish to mark your invention "Patent Applied For" or "Patent Pending" after you have filed your application for patent protection. These phrases have no legal effect but may serve as warnings to others for patent protection and that you'll be able to enforce the exclusive right to manufacture the invention once a patent is granted.
In obtaining patent protection it is important to do patent search. This will determine if your invention has ever been patented before. Don't count on obtaining patent protection until it's actually in hand though.
After doing a preliminary search, patent protection also entails that one should apply for a patent. A patent application consists of an abstract, a specification and often drawings. The abstract is a brief summary of the contents of the specification. The specification comprises:
1. a clear and complete description of the invention and its usefulness;
2. claims which define the boundaries of patent protection.
Your specification must be so clear and complete that it will enable anyone with average skill in the technology to make or use the invention.
Information you specify as protected by your claims cannot be used freely (copied, manufactured or sold) by others until the patent expires. Information not protected by your claims can be used immediately by anyone. The challenge is to draft the claims so that your invention is defined broadly enough to provide maximum patent protection against potential infringers, while at the same time being sufficiently specific to identify your invention and distinguish it from all prior inventions.
Patent an Invention
In order to patent an invention the inventor must go through a number of processes. These processes to patent an invention can be complex and difficult. Although most inventors are concerned with the rights patent an invention grant during in-force, the law actually recognizes five "rights" periods in the life of invention patents. These five periods when you patent an invention are:
1. Invention conceived but not yet documented. This is the phase when you patent an invention where an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it. In this patent an invention phase the inventor has no rights whatsoever.
2. Invention documented but patent application not yet filed. After making a proper, signed, dated, and witnessed documentation when an inventor patent an invention he or she has valuable rights against any inventor who later conceives the same invention and applies for a patent. This phase gives the inventors when they patent an invention the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
3. Patent pending (patent application filed but not yet issued). When you apply to patent an invention including the one-year period after a provisional patent application is filed, the inventor can sue and recover damages against anyone who uses the invention. Most companies that manufacture a product that is the subject of a pending patent an invention application will mark the product "patent pending" in order to warn potential copiers that if they copy the product, they may have to stop later (and thus scrap all their molds and tooling) if and when a patent issues.
Eighteen months after filing, and while the application to patent an invention is pending, the U.S. Patent and Trademark Office (USPTO) will publish the application to patent an invention unless the applicant files a Nonpublication Request at the time of filing and doesn't file for a patent outside the U.S. If the application to patent an invention is published during the pendency period, an inventor can later obtain royalties from an infringer from the date of publication provided (1) the application later issues as a patent; and (2) the infringer had actual notice of the published application.
4. In-force patent (patent issued but hasn't yet expired). After the patent issues, the owner who patent an invention can bring and maintain a lawsuit for patent infringement against anyone who makes, uses, or sells the invention without permission.
5. Patent expired. After the patent expires, the owner who patent an invention has no further rights, although infringement suits can still be brought for any infringement that occurred during the patent's in-force period, as long as the suit is filed within the time required by law.
1. Invention conceived but not yet documented. This is the phase when you patent an invention where an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it. In this patent an invention phase the inventor has no rights whatsoever.
2. Invention documented but patent application not yet filed. After making a proper, signed, dated, and witnessed documentation when an inventor patent an invention he or she has valuable rights against any inventor who later conceives the same invention and applies for a patent. This phase gives the inventors when they patent an invention the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
3. Patent pending (patent application filed but not yet issued). When you apply to patent an invention including the one-year period after a provisional patent application is filed, the inventor can sue and recover damages against anyone who uses the invention. Most companies that manufacture a product that is the subject of a pending patent an invention application will mark the product "patent pending" in order to warn potential copiers that if they copy the product, they may have to stop later (and thus scrap all their molds and tooling) if and when a patent issues.
Eighteen months after filing, and while the application to patent an invention is pending, the U.S. Patent and Trademark Office (USPTO) will publish the application to patent an invention unless the applicant files a Nonpublication Request at the time of filing and doesn't file for a patent outside the U.S. If the application to patent an invention is published during the pendency period, an inventor can later obtain royalties from an infringer from the date of publication provided (1) the application later issues as a patent; and (2) the infringer had actual notice of the published application.
4. In-force patent (patent issued but hasn't yet expired). After the patent issues, the owner who patent an invention can bring and maintain a lawsuit for patent infringement against anyone who makes, uses, or sells the invention without permission.
5. Patent expired. After the patent expires, the owner who patent an invention has no further rights, although infringement suits can still be brought for any infringement that occurred during the patent's in-force period, as long as the suit is filed within the time required by law.
Patent Search
Patent Search is done to determine if the proposed invention indeed meets the statutory conditions of patentability. The Patent Search was used to be limited to the Patent Search Office database records of prior patents and publications. But the Internet and the recognition of business method patents paved the way for changes in patent searches beyond the Patent Search Office. But still, most patent searches are conducted by starting with the electronic databases of the various Patent Offices worldwide.
It is the patent counsel’s job to compare a collection of prior patents, printed publications, journals or other technical articles with the invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid. Based on the examination, an opinion letter is drafted, identifying the references similar to the proposed invention. The patent opinion explains what is shown by each reference and distinguishes those references from the proposed invention. Finally, the patent opinion discloses the likelihood that a patent will be granted on the proposed invention.
Patent Search enables the inventor to save money on the patent application in case the invention has already been disclosed. An inventor can conduct his or her own Patent Search or use the services of an experienced patent counsel to perform a Patent Search and opinion for them. In some cases, certain elements of the proposed invention (but not all, will be patentable. A prior Patent Search and Opinion allows the inventor to identify the patentable elements and file a patent application which will not claim the prior art. This may limit the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.
An inventor can start his or her own Patent Search by accessing the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. Patent Database may be the most popular means of search that can be used by a layperson. The Patent Search database only contains "keyword" searchable patent data from 1975 forward. In the case of articles of manufacture it is particularly important that a manual search through the classes and sub-classes is conducted on the U.S. database. A patent search of public databases, publications and journals is also an important step to assure the patentability of the invention.
After the patent search, it is important to understand how to compare the prior patents with your own invention. The limitations expressed in the claims must be understood before the patentability of your own invention can be determined.
It is the patent counsel’s job to compare a collection of prior patents, printed publications, journals or other technical articles with the invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid. Based on the examination, an opinion letter is drafted, identifying the references similar to the proposed invention. The patent opinion explains what is shown by each reference and distinguishes those references from the proposed invention. Finally, the patent opinion discloses the likelihood that a patent will be granted on the proposed invention.
Patent Search enables the inventor to save money on the patent application in case the invention has already been disclosed. An inventor can conduct his or her own Patent Search or use the services of an experienced patent counsel to perform a Patent Search and opinion for them. In some cases, certain elements of the proposed invention (but not all, will be patentable. A prior Patent Search and Opinion allows the inventor to identify the patentable elements and file a patent application which will not claim the prior art. This may limit the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.
An inventor can start his or her own Patent Search by accessing the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. Patent Database may be the most popular means of search that can be used by a layperson. The Patent Search database only contains "keyword" searchable patent data from 1975 forward. In the case of articles of manufacture it is particularly important that a manual search through the classes and sub-classes is conducted on the U.S. database. A patent search of public databases, publications and journals is also an important step to assure the patentability of the invention.
After the patent search, it is important to understand how to compare the prior patents with your own invention. The limitations expressed in the claims must be understood before the patentability of your own invention can be determined.
US Patent Office
In the US Patent office, after the patent application has been filed with the US Patent office, a patent examiner carefully reviews the application in order to determine the invention's patentability. The examination process usually takes 12 to 18 months. This is so because it will depend on the workload and staffing of the US Patent office. The US Patent Office examiners only verify that the description and claims per description by their inventors are new, unique, and not obvious to the US Patent Office. The US Patent Office examiners do not verify that an invention works. They try only to correctly verify that the invention is patentable and has not been patented in the US before.
To be patentable, an invention essentially must meet the following requirements set by US Patent office which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent office is often consider the entry test for patentability. It generally is satisfied unless: (i) prior to the inventor's invention date, the invention was actually reduced to practice or an application disclosing it was filed by one still diligently pursuing it, or it was patented by another or published anywhere in the world by others or publicly known or used in the US by others, or (ii) prior to one year before the filing date of the inventor's patent application, patented or published anywhere in the world or in public use or on sale in the US as a result of the acts of the inventor or others. This effective one-year grace period for such acts of the inventor is unique to the US patent laws; in foreign countries, such acts of the inventor would bar the inventor from obtaining a patent in their native land.
When the US Patent office examiner has made his/her initial patentability determination, the US Patent office responds by sending the applicant what is known as an "Office Action" containing its determination and the reasons for it. If the Office Action contains a rejection of the claims and there exist arguable grounds for contesting the examiner's determination, one typically files a "Response," usually in the form of an Amendment, to overcome the rejection. There are usually only two Office Actions and Responses before a final determination is made by the US Patent Office examiner as to the invention's patentability. If the result is detrimental to the applicant's interests, it can be appealed. Typical legal fees that apply for responding to Office Actions are $500.00 to $3,000.00, depending upon the complexity of the arguments.
Patent cost can be very high although fees for the patent application, issue and maintenance fees and other related fees are reduced by 50 percent when the applicant is a small business or individual inventor. U S Patent Office charges a minimum of about $4,000 over the life of the patent.
To be patentable, an invention essentially must meet the following requirements set by US Patent office which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent office is often consider the entry test for patentability. It generally is satisfied unless: (i) prior to the inventor's invention date, the invention was actually reduced to practice or an application disclosing it was filed by one still diligently pursuing it, or it was patented by another or published anywhere in the world by others or publicly known or used in the US by others, or (ii) prior to one year before the filing date of the inventor's patent application, patented or published anywhere in the world or in public use or on sale in the US as a result of the acts of the inventor or others. This effective one-year grace period for such acts of the inventor is unique to the US patent laws; in foreign countries, such acts of the inventor would bar the inventor from obtaining a patent in their native land.
When the US Patent office examiner has made his/her initial patentability determination, the US Patent office responds by sending the applicant what is known as an "Office Action" containing its determination and the reasons for it. If the Office Action contains a rejection of the claims and there exist arguable grounds for contesting the examiner's determination, one typically files a "Response," usually in the form of an Amendment, to overcome the rejection. There are usually only two Office Actions and Responses before a final determination is made by the US Patent Office examiner as to the invention's patentability. If the result is detrimental to the applicant's interests, it can be appealed. Typical legal fees that apply for responding to Office Actions are $500.00 to $3,000.00, depending upon the complexity of the arguments.
Patent cost can be very high although fees for the patent application, issue and maintenance fees and other related fees are reduced by 50 percent when the applicant is a small business or individual inventor. U S Patent Office charges a minimum of about $4,000 over the life of the patent.
Patent Application Process
Patent application process is long and quite difficult. That is why often, examiners would recommend the inventor to get a patent agent or a patent lawyer to facilitate the patent application process for the invention. But this would also require a sum of money depending on the intricacies involved in the patent application process. Services rendered by patent lawyers and agents could start at a minimum of $5,000.
Even though the patent application process is difficult, it is possible to do it on your own. The biggest disadvantage though is you will have to learn the patent application process quickly and do it on your own without the able guidance of the experts.
Before undergoing through the patent application process it is important to know the different kinds of patents to apply for. These are: (1) utility patents, granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof; (2) plant patents, granted on any distinct and new variety of asexually reproduced plant; and (3) design patents, granted on any new, original, and ornamental design for an article of manufacture.
Utility and plant patents are granted for a term which begins on the date of the grant and ends 20 years from the date the patent application was first filed, subject to the payment of maintenance fees; design patents are granted for a term of 14 years from the date of the grant.
In patent application process the most basic step is to make sure that your invention qualifies for a patent or what you call patentable. You can do this by doing a thorough patent search on your invention. Find out if there was already a similar product patented or a prior art. However, if you find something similar to your invention you can still go through the patent application process in order to apply for the embodiments or specific parts of the invention.
After the thorough patent search, the next step of the patent application process is to file the application to the US Patent and Trademark Office. A USPTO examiner will be assigned to handle your case. Depending on the workload, the result after you file could be received between 12 to 18 months. If you are unsuccessful, you can appeal the decision to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Some steps on patent application process are easy, others are more difficult. As with all new endeavors, you will succeed by trial and error. But by taking the patent application process one step at a time, you can acquire a patent later on.
Even though the patent application process is difficult, it is possible to do it on your own. The biggest disadvantage though is you will have to learn the patent application process quickly and do it on your own without the able guidance of the experts.
Before undergoing through the patent application process it is important to know the different kinds of patents to apply for. These are: (1) utility patents, granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof; (2) plant patents, granted on any distinct and new variety of asexually reproduced plant; and (3) design patents, granted on any new, original, and ornamental design for an article of manufacture.
Utility and plant patents are granted for a term which begins on the date of the grant and ends 20 years from the date the patent application was first filed, subject to the payment of maintenance fees; design patents are granted for a term of 14 years from the date of the grant.
In patent application process the most basic step is to make sure that your invention qualifies for a patent or what you call patentable. You can do this by doing a thorough patent search on your invention. Find out if there was already a similar product patented or a prior art. However, if you find something similar to your invention you can still go through the patent application process in order to apply for the embodiments or specific parts of the invention.
After the thorough patent search, the next step of the patent application process is to file the application to the US Patent and Trademark Office. A USPTO examiner will be assigned to handle your case. Depending on the workload, the result after you file could be received between 12 to 18 months. If you are unsuccessful, you can appeal the decision to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Some steps on patent application process are easy, others are more difficult. As with all new endeavors, you will succeed by trial and error. But by taking the patent application process one step at a time, you can acquire a patent later on.
Japanese Patent Office
In order to obtain a patent, one must apply to the Japanese Patent Office and go through an examination to determine whether the application fulfills all the necessary requirements. The Japanese Patent Office examines all applications before ultimately granting any patent right. The whole procedure in Japanese Patent Office is as follows:
(1) Filing. This is the most basic step. An application in Japanese Patent Office requires that one fills out the forms prescribed in the relevant ordinances and submit them to the Japanese Patent Office. Japan has adopted the first-to-file system, where two parties apply for a patent for the same invention, the first to file will be granted the patent.
(2) Publication of Unexamined Application (Kokai) The Japanese Patent Office will publish the content of an application in the Patent Office Gazette after 18 months have elapsed from the date of filing.
(3) Request for Examination. An examination on patent application will be carried out only for those applications which filed a request for examination and paid the examination fees.
(4) Substantive Examination The Japanese Patent Office examination will be carried out by the examiners of the Japanese Patent Office who will decide whether or not the claimed invention should be patented.
(5) Notification of Reasons for Refusal If the Japanese Patent Office examiner finds reasons for refusal, a notice to this effect will be sent to the applicant.
(6) Written Argument or Amendment. Applicant who received a notification of refusal can submit either a written argument claiming that the invention differs from the prior art to which the Notification of Reasons for Refusal refers, or an amendment of the claims in the case that this would nullify the reasons for rejection.
(7) Decision to Grant a Patent / Decision of Refusal. As a result of the Japanese Patent Office examination, the examiner will make a decision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found. If the Japanese Patent Office examiner finds reasons for refusal, notification will be sent to inform the applicant of these reasons.
(8) Registration Provided that the applicant pays the patent fee, once the decision to grant a patent has been made the patent right will come into existence as it is entered in the Patent Register.
(9) Opposition The Japanese Patent Office will reexamine the appropriateness of its decision to grant and remedy any flaws that may be discovered.
(10) Decision to Maintain the Patent / Decision to Revoke the Patent The examination of a written opposition to the grant of a patent right is carried out by a collegial body of three or five appeal examiners. If there is an objection to a decision to maintain, a decision to revoke or a decision of refusal, either the applicant or any interested person may lodge an appeal with the Japanese Patent Office or bring a suit before the Tokyo High Court.
(1) Filing. This is the most basic step. An application in Japanese Patent Office requires that one fills out the forms prescribed in the relevant ordinances and submit them to the Japanese Patent Office. Japan has adopted the first-to-file system, where two parties apply for a patent for the same invention, the first to file will be granted the patent.
(2) Publication of Unexamined Application (Kokai) The Japanese Patent Office will publish the content of an application in the Patent Office Gazette after 18 months have elapsed from the date of filing.
(3) Request for Examination. An examination on patent application will be carried out only for those applications which filed a request for examination and paid the examination fees.
(4) Substantive Examination The Japanese Patent Office examination will be carried out by the examiners of the Japanese Patent Office who will decide whether or not the claimed invention should be patented.
(5) Notification of Reasons for Refusal If the Japanese Patent Office examiner finds reasons for refusal, a notice to this effect will be sent to the applicant.
(6) Written Argument or Amendment. Applicant who received a notification of refusal can submit either a written argument claiming that the invention differs from the prior art to which the Notification of Reasons for Refusal refers, or an amendment of the claims in the case that this would nullify the reasons for rejection.
(7) Decision to Grant a Patent / Decision of Refusal. As a result of the Japanese Patent Office examination, the examiner will make a decision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found. If the Japanese Patent Office examiner finds reasons for refusal, notification will be sent to inform the applicant of these reasons.
(8) Registration Provided that the applicant pays the patent fee, once the decision to grant a patent has been made the patent right will come into existence as it is entered in the Patent Register.
(9) Opposition The Japanese Patent Office will reexamine the appropriateness of its decision to grant and remedy any flaws that may be discovered.
(10) Decision to Maintain the Patent / Decision to Revoke the Patent The examination of a written opposition to the grant of a patent right is carried out by a collegial body of three or five appeal examiners. If there is an objection to a decision to maintain, a decision to revoke or a decision of refusal, either the applicant or any interested person may lodge an appeal with the Japanese Patent Office or bring a suit before the Tokyo High Court.
Getting a Patent
In getting a patent knowing what to do and how to go about it is a very important requirement. It is not good to aim getting a patent and end up disappointed because of errors. Getting a patent could be a long process but the invention could have some huge commercial value which could certainly be worth all the trouble in going through the steps on getting a patent on it. There are a number ways on getting a patent that can be done by an inventor. Some inventors hire patent lawyers or patent agents to help them. Getting a patent is such a huge undertaking that they could not risk losing it. Others do it by themselves.
An inventor may try getting a patent to prosecute his own case, the Patent and Trademark Office usually recommends the use of an attorney or agent. This is so because lack of skill in getting a patent often detracts from obtaining the maximum protection for the invention. In most inventor-filed cases, the patent Examiner sees that the applicant is unfamiliar with the proper process on getting a patent and always urges the applicant to employ a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skillful preparation and prosecution. While the Examiner may recommend hiring an attorney or agent, he never suggests any particular one.
Doing a patent search is probably the first most important and basic step on getting a patent. This is a very important factor to consider in getting a patent to your invention. Getting a patent requires some knowledge on what qualifies of patentability. This includes the following:
1. Novelty - meaning that the technology is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
2. Non-Obviousness - meaning that the technology must be different enough from the prior art so as to not be obvious in view of the prior art.
3. Utility - meaning that the invention must have a useful purpose.
If you find that getting a patent is a viable idea, then the next step on getting a patent is to file a patent application in the USPTO. After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on getting a patent is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on getting a patent requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
An inventor may try getting a patent to prosecute his own case, the Patent and Trademark Office usually recommends the use of an attorney or agent. This is so because lack of skill in getting a patent often detracts from obtaining the maximum protection for the invention. In most inventor-filed cases, the patent Examiner sees that the applicant is unfamiliar with the proper process on getting a patent and always urges the applicant to employ a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skillful preparation and prosecution. While the Examiner may recommend hiring an attorney or agent, he never suggests any particular one.
Doing a patent search is probably the first most important and basic step on getting a patent. This is a very important factor to consider in getting a patent to your invention. Getting a patent requires some knowledge on what qualifies of patentability. This includes the following:
1. Novelty - meaning that the technology is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
2. Non-Obviousness - meaning that the technology must be different enough from the prior art so as to not be obvious in view of the prior art.
3. Utility - meaning that the invention must have a useful purpose.
If you find that getting a patent is a viable idea, then the next step on getting a patent is to file a patent application in the USPTO. After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on getting a patent is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on getting a patent requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Innovation Innovating Breakthrough Invention Patent
Innovation innovating breakthrough invention patent pertains to innovation done to an embodiment or certain parts of prior art.
Conditions for Obtaining an Innovation Innovating Breakthrough Invention Patent:
1. Non-Obviousness - meaning that the technology of the innovation innovating breakthrough invention patent must be different enough from the prior art so as to not be obvious in view of the prior art.
2. Novelty - meaning that the technology of the innovation innovating breakthrough invention patent is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
3. Utility - meaning that the Innovation innovating breakthrough invention patent must have a useful purpose. Virtually all Innovation innovating breakthrough invention patent meet the utility requirement which has largely been used to prevent the patenting of "quack" inventions such as perpetual motion machines.
No patent protection is available for:
* an innovation innovating breakthrough invention patent known or used by others in the U.S. prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) more than one year prior to the U.S. filing date of the patent application.
* an innovation innovating breakthrough invention patent in public use in the U.S. more than one year prior to the filing date of the patent application.
* an innovation innovating breakthrough invention patent on sale in the U.S. more than one year prior to the filing date of the patent application.
An innovation innovating breakthrough invention patent continues to be a grant of a "bundle of rights", specifically the rights to prevent others from
1. making;
2. using;
3. selling; or
4. offering for sale the patented invention.
No right to make, use, sell or offer to sell the patent. A patent application must contain: (1) a written description of the invention; and (2) claims particularly pointing out and distinctly claiming the invention.
1. The description is simply a detailed account of the structure, operation, and function of the invention, written in such terms as to "enable any person skilled in the art to make and use" the invention.
2. The claims define the boundaries of the intellectual property and must be carefully drafted to avoid the teachings of the prior art while providing maximum legal protection for the invention.
Conditions for Obtaining an Innovation Innovating Breakthrough Invention Patent:
1. Non-Obviousness - meaning that the technology of the innovation innovating breakthrough invention patent must be different enough from the prior art so as to not be obvious in view of the prior art.
2. Novelty - meaning that the technology of the innovation innovating breakthrough invention patent is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
3. Utility - meaning that the Innovation innovating breakthrough invention patent must have a useful purpose. Virtually all Innovation innovating breakthrough invention patent meet the utility requirement which has largely been used to prevent the patenting of "quack" inventions such as perpetual motion machines.
No patent protection is available for:
* an innovation innovating breakthrough invention patent known or used by others in the U.S. prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
* an innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) more than one year prior to the U.S. filing date of the patent application.
* an innovation innovating breakthrough invention patent in public use in the U.S. more than one year prior to the filing date of the patent application.
* an innovation innovating breakthrough invention patent on sale in the U.S. more than one year prior to the filing date of the patent application.
An innovation innovating breakthrough invention patent continues to be a grant of a "bundle of rights", specifically the rights to prevent others from
1. making;
2. using;
3. selling; or
4. offering for sale the patented invention.
No right to make, use, sell or offer to sell the patent. A patent application must contain: (1) a written description of the invention; and (2) claims particularly pointing out and distinctly claiming the invention.
1. The description is simply a detailed account of the structure, operation, and function of the invention, written in such terms as to "enable any person skilled in the art to make and use" the invention.
2. The claims define the boundaries of the intellectual property and must be carefully drafted to avoid the teachings of the prior art while providing maximum legal protection for the invention.
US Patent Application
US Patent application simply means a request filed before a patent office in which an applicant applies for a patent for an invention. The policy in US Patent application requires that an inventor should sufficiently reveal how an invention works to justify the grant of the patent. A US Patent application is examined in most jurisdictions.
In most countries, the first to file a patent application for the invention is presumed to be the owner of the rights to the invention. The date of filing and the content of the first application for an invention largely determine forever the potential validity and value of that patent, and the ability to file for similar patents in other countries.
An application must be filed in any country in which patent protection is desired. An international application can reserve the right to file national applications later in designated or elected countries. As a practical matter, it is important to file an initial application before anyone else invents, describes, uses, applies for a patent, or patents the invention anywhere.
There are statutory limitations on the latest date by which an initial US patent application must be filed. Among these is the requirement of strict novelty, which requires filing of a US patent application prior to any public use or disclosure of the invention. In the United States, an inventor has a grace period of one year from the date of public use, disclosure, or sale of the invention to file the first US patent application, although the unprotected use or disclosure may have already destroyed the opportunity for obtaining a patent elsewhere. Some Asian countries have adopted a similar 6-month grace period.
The major types of US Patent application in U.S. practice are the provisional, design, plant and utility applications. After the initial application is filed, there may be additional applications made for various procedural reasons, including the continuation, continuation-in-part and divisional. Here are the basic differences between the major types:
* Provisional: an inexpensive US patent application requiring full disclosure, but does not require claims to an invention. Expires in 12 months if not supplemented with other filings.
* Design: cover new ornamental designs for an "article of manufacture."
* Plant: protects discoveries of distinct asexually produced plants or newly discovered seedlings;
* Utility Application: This type of US patent application is the most common and is used for claiming subject matter in the categories of machines, processes and articles of manufacture. Also known as “national” application or “non-provisional” application.
It is quite common for a company to file multiple US patent applications (including different types) for the same product, intending to cover various inventive aspects, such as the appearance, operation, production, and use of a product.
In most countries, the first to file a patent application for the invention is presumed to be the owner of the rights to the invention. The date of filing and the content of the first application for an invention largely determine forever the potential validity and value of that patent, and the ability to file for similar patents in other countries.
An application must be filed in any country in which patent protection is desired. An international application can reserve the right to file national applications later in designated or elected countries. As a practical matter, it is important to file an initial application before anyone else invents, describes, uses, applies for a patent, or patents the invention anywhere.
There are statutory limitations on the latest date by which an initial US patent application must be filed. Among these is the requirement of strict novelty, which requires filing of a US patent application prior to any public use or disclosure of the invention. In the United States, an inventor has a grace period of one year from the date of public use, disclosure, or sale of the invention to file the first US patent application, although the unprotected use or disclosure may have already destroyed the opportunity for obtaining a patent elsewhere. Some Asian countries have adopted a similar 6-month grace period.
The major types of US Patent application in U.S. practice are the provisional, design, plant and utility applications. After the initial application is filed, there may be additional applications made for various procedural reasons, including the continuation, continuation-in-part and divisional. Here are the basic differences between the major types:
* Provisional: an inexpensive US patent application requiring full disclosure, but does not require claims to an invention. Expires in 12 months if not supplemented with other filings.
* Design: cover new ornamental designs for an "article of manufacture."
* Plant: protects discoveries of distinct asexually produced plants or newly discovered seedlings;
* Utility Application: This type of US patent application is the most common and is used for claiming subject matter in the categories of machines, processes and articles of manufacture. Also known as “national” application or “non-provisional” application.
It is quite common for a company to file multiple US patent applications (including different types) for the same product, intending to cover various inventive aspects, such as the appearance, operation, production, and use of a product.
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