patent filing

Under U.S. patent law, an invention eligible for a patent when it fulfils the patentability criteria such as being novel, non-obviousness, and useful.

Filing a patent application, and earning an issued patent, is important for an inventor as it provides ownership of the invention and empowers the inventor to hinder others from making, using, or selling the invention during the life of the patent. Owning a patent also potentially helps the inventor in generating revenue by selling or licensing the patent.

To apply for a patent in the US, you first need to draft a patent application, and then file the application with the US Patent and Trademark Office (USPTO). When filing an application, you need to submit an application written in a prescribed format with drawings, associated forms, and payment of the required fees. Filling a patent application is a complex and time-consuming process. We recommend you hire a patent attorney to help you with drafting and filing a patent application.

The USPTO examiner will review the application to ensure all forms, drawings, oaths, etc. are present and in the proper form and that the proper fees are paid. The examiner will research whether the application is novel, non-obviousness, and useful. Based on these factors, the examiner decides whether the application will earn allowance or a rejection.

A person, a company, or group of people who create the invention is entitled to apply for a patent.

No, according to US law. In the US, a patent is granted for most inventions for 20 years from the date of the first filing of the patent application.

In the US, any novel, non-obvious and useful machine, process, manufacture, composition, or useful improvements to an existing invention can be patented if. Some non-patentable subject matter includes, but is not limited to any scientific theory, mathematical formula, natural laws, natural biological processes, chemical elements, physical phenomena, and abstract ideas are non-patentable subject matter in the US. Original works such as literary, theatrical, musical, software code, and other creative work are some examples of ideas that can be copyrighted.

Yes! A software application or process can be protected. Software patent applications require special handling and attention to detail to ensure they meet stringent US patent laws. The USPTO has granted software patents since the first one was issued in 1966, and the US Supreme Court has repeatedly.

You may file an application claiming priority to your application filed with USPTO. Alternatively, you may file a single PCT patent application. At present, 154 countries are members of Patent Cooperation Treaty (PCT). The PCT route will allow an extra period of 18/19 months to file a patent application in member counties.

A patent application is a well-written document as per the rules prescribed by USPTO. Abstract, background, description, figures, and claims are essential elements of an application. The set of claims defines the scope of the invention. A granted patent protects the invention as defined by the claims.

These are different forms of Intellectual Property and protect various aspects of creativity. A patent covers the functional aspects of your invention. In comparison, a design patent safeguards the ornamental features of your products. A registered trademark helps brand the product and signifies the origin of the goods & services. Copyright protects original artistic and literary work.

You can find all US patent information on the United States Patent and Trademark Office (USPTO) official website, such as published patent applications, granted patents, the latest IP policy, and other learning resources.

You can file a patent application in a foreign jurisdiction within twelve months of initial filing in the US. You can also file a PCT application within twelve months of the initial filing, followed by National Phase Applications within a specified time limit of 30/31 months of the initial filing date. You can also file a PCT application as your priority or initial filing followed by National filings.

WIPO, or the World Intellectual Property Organization is a policy body and agency of the United Nations to promote intellectual property protection in member states and administer treaty cooperation.

Licensing a patent means that the patent owners allow another person or company to create, use, or sell their patented innovation. This process occurs when both parties agree on terms and conditions (for example, establishing the amount and type of payment the licensee must make to the licensor) for a specific purpose, within a particular territory, and for a specific time.

You can't get a worldwide "world patent" or "international patent" right now. Patents are intellectual property rights limited to a particular jurisdiction or geographical area. In general, you must file a patent application for specific geographies where you seek patent protection. According to local legislation, the patent must be issued and enforced in each nation where you want patent protection for your innovation. As a result, filing a national patent application with each applicable national patent office is one way to get patents in several countries.

The “Public Patent Application Information Retrieval” (PAIR) portal (on the USPTO website is the best way to check the status of your pending patent application. You can access your pending application status and history at any time. After your application is published (18 months), others can view your pending application as well.

It is not advisable to disclose or provide details of your invention to anyone prior to submitting a patent application. At a minimum, if you do plan to disclose your invention to others, you should have a Non-Disclosure Agreement (NDA) in place first. In 2013, the United States passed the America Invents Act that changed the system from being a “first-to-invent” to a “first-to-file” system.

You can visit the Public PAIR website. You can search for your patent application using the application or publication number. Then, you can view the complete patent file history under the “Image File Wrapper” tab.

The cost of earning a patent in the US depends upon:

1. The entity status of the inventor (based on income and number of patents already issued).
2. The Official Fee charged by the USPTO) for search and examination of the application.
3. A Professional Fee charged by the patent attorney for drafting the application.

Yes, trade secret can protect valuable and secret information of the invention. However, the trade secrets must be rigorously protected and come with specific legal requirements. One significant issue with trade secrets is that, if a trade secret is released to the public (e.g., by theft, a disgruntled employee, or from hacking), legal protection of your invention is severely limited.

In the US, it takes anywhere from 12-36 months to earn a patent after filing the patent application. Results are never guaranteed, however. The time for a patent examination is based on the complexity of the application and the art unit the application was applied in. The USPTO also has a prioritized examination program where your application is guaranteed to be examined within 6-12 months for an additional fee.

While there is no program that allow you to file one patent for worldwide coverage. You can either file a separate application in each specific country of your choice or you can file a patent application under the Patent Cooperation Treaty (PCT) in several countries while using a single application.

After filing a patent, the patent prosecution may take 2-3 years to complete and get a granted patent. Your patent application is under patent pending status during this period. However, you may make public disclosure of your invention. You can also use your invention to make and sell products.

A patent is a type of intellectual property right. It prevents others from using, selling, or making the invention. One must file a patent application with USPTO and follow the rules to get a granted patent.

Patent rights give the inventor a monopoly of using the invention for 20 years. It excludes others from using the invention protected by an active patent. A patent protects the unique features of your product. Exclusive product features may be helpful in a competitive market in generating revenue.

You can file your patent application on official website of the United States Patent and Trademark Office (USPTO). USPTO is a federal agency for granting patents in the US.

Yes, you can file a patent application in any jurisdiction regardless of citizenship or residency status. However, you may need to follow country-specific guidelines to file for patent protection.

The Paris Convention for the Protection of Intellectual Property is a global agreement regarding patent protection and other forms of Intellectual Property. There are 178 members countries to this agreement. One of the main aims of this treaty is to recognize countries for priority dates established by applications filed in other signatory countries.

The government of a country ensures the owner's patent rights through an appropriate legal and policy framework. In most jurisdictions, a court of law has the power to prevent patent infringement. The patent owner can monitor, detect, and prosecute patent infringers under the law.

Applicants can prepare and file patent applications without the help of a patent attorney. However, due to the complexity of the patent processes and the legal skills required for drafting, filing, and prosecuting a patent application, it is highly recommended that you seek legal advice from a patent attorney/agent throughout the process.