Patent Application Process and Steps
Patent is what grants and ensures that inventions are protected or in other words is the legal protection granted to inventions. If you have not patented your invention then the chances of the same getting infringed are high and in today’s competitive world it is not a very beneficial scenario. Usually a lot of investment goes into creating anything new, the investment being in the form of time, money and effort. Do you really want to spend a major chunk of your time, money and efforts and create something novel and inventive and then to not take measures to protect the invention? That would not be a very wise decision.
For an inventor it is important to get the invention patented so that the rights as a creator of the invention are legally recognized, no third party can claim the rights over the invention and the same would further entitle the inventor to derive monetary benefits from the invention.
Patent is the grant of intellectual property right over a person’s invention. The patent process commences with an invention. Performing a patent search and having an idea whether the invention has already been patented or is likely to get patent protection is the next step. Inventors can do their own preliminary search but a professional search will be more practical approach, as it would ensure a thorough search. After patent search the next stage is determination of the kind of patent which is required to protect the invention and then filing the patent application. There are three kinds of patents
• Design Patent,
• Plant Patent and
• Utility Patent.
The Design Patent protects the ornamental structure of any invention; Plant patent is protects the new variety of asexually produced plants and Utility patent protect the use or the function of the invention. One can file a Provisional or a Non Provisional Application to obtain a Utility Patent.
Provisional patent applications are less complicated as compared to Non – Provisional Patent Application. The Provisional Patent Application is valid only for a certain period of time and prior to the expiry of such period a Non – Provisional application is to be filed so that your invention does not lose its protection. Non Provisional patent application takes the advantage of the formerly filed provisional application.
Process on Patent Application
The Non Provisional Patent Application is then reviewed by the Patent Office and if the Application is deficient of some information then the applicant will receive a response from the Patent Office. Addition of new material after the initial filing is not possible unless a new application or a continuation in part application is filed. The next stage is the examination of the application by the United States Patent and Trade Office. If the application is not allowed, requests for reconsideration and appeal can be preferred by the applicant. Once the objections and rejections are surmounted and the application is allowed, the patent is granted on payment of issue fees and publication fees by the applicant.
It is better to employ the services of Patent Professionals in order to apply for a Patent. It is so because it requires a deep understanding of the basics of patent law as only then could a person determine as to what kind of patent is to be applied for, whether the invention is novel and non obvious etc. At Biz & Legis we have a team of attorney’s with ample amount of experience in the area of patents and are well qualified and well equipped to handle all your concerns regarding Patent.