A Beginner's Guide to Getting a Patent

By Greg Isaacs

If you've ever had an idea for an invention or new product you might have thought about ways to protects your idea from being stolen by somebody else. A patent is a document that provides you with protection for an idea or invention and gives you exclusive rights to exploit your idea. If your patent is granted then if anyone tries to copy or emulate your idea, you can use the full force of the law to uphold the patent and prove that yours was the original idea.

Patents are issues by governments and they are specific to that country. So if you want to do business abroad you must also apply for a patent in those countries too. Applying for a patent can be a long and drawn out process. In principle it is a simple procedure. You go down to your local patent office, pick up an application form, fill it in and wait for the approval. In practice however there are many things that can delay or even prevent you from taking out a patent on your invention.

If your idea is relatively straightforward and easy to explain you may be able to fill in the application by yourself. It does take some research and you have to do your homework but in theory it's achievable. However if your patent application involve complicated theories and cannot be easily explained to a layman, then you may have to hire a patent lawyer with specialist knowledge.

This is often the case with advanced software patents which often use a mixture of open source and custom written code. Proving the originality of such a piece of work requires incredibly detailed research and it not for the inexperienced. To give yourself the best chance of your patent application being accepted, you need to document everything. All aspects of the invention process should be written down so that the patent office can see that you've had the initial idea, and followed it through to realization.

You should have diagrams and schematics of all your designs and detailed written descriptions of the purpose of your invention and exactly how it works in step by step detail. If you have the means, you should build a prototype. This is to demonstrate that the product is much more than a concept and has a good chance of being commercially successful. Patents are a necessary evil in today's cut throat world of business. By learning more about the process you will give yourself a better chance of succeeding commercially with your invention.

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Full Text - The Key to Future Patent Searches

By Subramanian Manikandan

Shall we say the era of complete information disclosure has just begun and hence the importance of full text patent searching?
Under section US112, the test of enablement requires the claims to be backed by full disclosure of the preferred embodiment in the specification. This tactic has been used by lawyers extensively to invalidate patents in the courts of law.

Hence, as a commercial information service provider the provision of the full text data becomes extremely important to search and analyze since the import of the inventive step may not be fully available from the claims.

In other words, there is potent challenge to perform a thorough patent search given the commercial patent database providers providing just the thumb nail view of the first page. My random informal meetings with a few patent research analysts go on to concur on one simple fact that in order to understand the utility of an invention, it is highly advised that a patent search is done on the full specifications of the patent. They believe that the title, abstract and claims typically make one to understand the novelty and non obviousness while most patents have their utility residing in the full specification.

Further, it is only prudent to have a thorough patent search involving full specifications of the patents where the purpose of patent search is for litigation involving invalidation / infringement and also while searching the prior art. Time and again, it has become a thumb rule for a patent searcher to understand that the patents are often written with a purpose to obscure the patented invention. We believe that the above reiterates the need to search on the full text and hence the key for future patent searches.

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Should I Speak With a Lawyer to Help Receive a Patent?

By Alan Flemming

Getting started on a patent application isn't just a matter of filling out numerous piles of paperwork, submitting diagrams, and forking over payments. It necessitates expertise of guidelines, patent office procedure, along with knowledge of the scientific or specialized components of the concept, procedure, or merchandise you intend to patent.

Is it possible to File a Patent Without A Lawyer?
Certainly. All of the necessary forms, fee schedules, and process recommendations are defined on the U.S. Patent and Trademark Office's web site. Then again, you really should only try to file a patent request on your own if you are sure that you have the know-how, means, and time to effectively collect and submit the forms required to achieve a successful result.

Going about the application steps by yourself is usually a time-intensive and cumbersome endeavor, in particular if you need to master all of the nuances of patent law and process as you go along.

The submission procedure is made substantially simpler with the guidance of a skilled Los Angeles patent lawyer who will be able to complete a patent query and explain to you - dependent on the outcome of the search - whether or not it would be worth the cost for you to file a patent. This information by itself can help save you a great deal of time and cash.

It is always much easier to finish an activity when you have the assistance of someone who is seasoned and effective at finishing the task on your side. A dependable Los Angeles patent lawyer will not only have already been through the patent application process numerous times, but they will likewise have training in your field of invention.

How Does A Los Angeles Patent Law Firm Help My Patent Request?

Your Los Angeles patent attorney will know the patent law for the field you are writing your patent request for - whether within the U.S. or internationally. The U.S. Patent and Trademark Office (USPTO) acknowledges only specified individuals as being permitted to work for inventors in their patent application process - this includes an assessment and approval that your Los Angeles patent attorney should have passed and received.

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Facts of IP Patents

By Amit Bhanot
IP Patent

Intellectual Property (IP) refers to the creation of mind: inventions, images, symbols, names and artistic and literary works, and designs used in business.
IP is majorly divided into two main categories:
(a) Patent, Trademark, Geographical Indications, industrial designs
(b) Copyrights

Patent - is an exclusive right on your IP, that prevents the use of invention commercially i.e. selling, distribute or making. IP patent is granted for an invention, which can be a product or a process or a business method, which in general provides 'novelty, inventive step, industrial use' are capable of being granted as Patent for a period of 20yrs.

Patent is granted by the national IP office or by a regional office for your invention, such as the European Patent Office (EPO), United States Patent and Trademark Office (USPTO), Japan Patent Office (JPO). In national systems, an applicant files for protection of the invention in one or more countries, and then each country grants or reject the application of the inventor for patent protection within its territory.

Also, the inventor has the choice to go through Patent Cooperation Treaty (PCT) application, PCT application provides a platform to cover all the countries bound by PCT. Any applicant in search of protection for the invention may file single application and request protection in as many signatory or designated states as needed for the maximum of 31 months from the priority date.

Patents provide encouragement to individuals by offering them acknowledgment for their inventiveness and monetary reward for their marketable inventions and thus innovation increases and the quality of the standard of life increases, as ultimately the human life is benefited with such recognition.

Steps to Obtain Patent for the Invention

1. To know whether the invention is patentable or not? - Patent filing is a time consuming and costly affair. The govt. fee is still low in comparison to the charges procured by the advocates and patent agents. Hence, one should be very specific and clear about the invention is whether patentable or not. Thus Patent Research such as Patentability search, Freedom - to- Operate, State-of-Art Search is highly required.

2. To file the Patent application - The (IP) Patent application is again a complex process and it requires the assistance of technical experts with the advocates or patent agents who can draft the patent application in the technical way, which can be readily accepted by the various Patent and Trademark Offices. The preparation of the draft is known as Patent Drafting. The Patent Application includes Title, Field & Background, Summary, Brief and detailed Description of Drawings, Claims of the Invention, Abstract and Patent Illustrations.

Other formalities (Designation of Inventor, Assignee, Designated Countries, Patent Citations, etc). Claims determine the scope of invention.

3. To prepare for office actions - There is a possibility of the invention not being passed as such by the regional IP (Patent) offices. Hence, for any clarification or changes made by the IP (Patent) offices are known as office actions. Thus a highly technical team is required to draft response for the office actions, as longer the session of office actions longer the duration required for the grant of patent for the invention.

This is a continuous process till the patent is granted by the IP patent office of respective states. The services such as Patent Drafting, Patent Filing in India, Patent Research etc 'Expected Solutions' are well versed to provide support for obtaining the patent for your ideas.

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