Saturday, August 28, 2010

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.

0 comments:

Post a Comment