Thursday, June 29, 2017

What To Expect On A Patent Application

December 1, 2013 by  
Filed under Patent

A patent provides an organization exclusive rights which help them to protect their concept or invention from being used by someone else. The patent rights are there for a particular period of time; after which any other person or organizations are free to use the concept or idea. If during these specified period if someone else tries to use the technique for their own benefit then it is illegal and the patentee can take legal action against the offender.

To patent a product, one has to submit an application in the patent office; upon verification the application is either accepted or rejected. In the application the applicant provides detail about his invention and makes claim that he should be given patent of the product or concept which he has invented.

Generally the application is filed in the patent office which falls under the jurisdiction of the applicant which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.

The applicant has to go through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product. The applicant has to put forth strong argument-he should prove that the invention which he is claiming to be his own is beneficial to the society and if patent is granted to him then this won’t become a stumbling block in the invention of the new product. There is also patent litigation which deals with the legal aspects of the patent.

There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application which can be used for different purposes.

Standard application format is available in the patent office wherein the applicant provides all the details about his invention and strongly argues for the patent. After proper verification he may or may not be granted the patent of the product. The provisional patent application is also one of the ways by which one can apply for the patent. The concept was introduced in the United States of America on June 8, 1995. This is infact first filing for the patent; it is also cheap.

If someone is interested in continuing with the patent then they could go for filing a standard patent application. Some patent offices allows for continuation of the previous patent application. The continuous application process can be either in parts or in full depending on the applicant’s desire.

In the case of the divisional application the existing application is divided into various parts but while doing do the original date of the filing of the application remains intact.

The most important thing is that the application must be properly prepared because complete application which presents the case strongly goes a long way in ensuring that the applicant is granted the patent.

So, a patentee should carefully prepare the patent application.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Patent and Trademark Information

December 1, 2013 by  
Filed under Patent

Any organizations in order to distinguish their product from others use certain symbols, signs or logos. This is termed as trademark or patent; it is a kind of intellectual property right. Here the organization has a specific product which is prepared by their own R&D and they try to ascertain that no one uses their products or the concept which was used to prepare their products.

In order to do so it is very much essential these organization starts using some kinds of identification such as name, logo, symbol or even a combination of these. These identification helps in establishing the uniqueness of the product and hence other organizations are barred from using the techniques adopted by the companies for selling their own product.

Patents and trademarks provide an organization exclusive rights which help them to protect their concept or idea from being used by someone else. The patent and trademarks rights are there for a particular period of time; after which any other person or organizations are free to use the concept or idea. If during these specified period if someone else tries to use the technique for their own benefit then it is illegal and the patentee can take legal action against the offender.

To patent a product one has to submit an application in the patent office; upon verification the application is either accepted or rejected. In the application the applicant provides detail about his invention and makes claim that he should be given patent of the product or concept which he has invented.

In case of patents and trademarks infringement then the title-holder has all the right to initiate legal action against the person or organization that has violated the clause.
Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure.

Trademarks are essential because it helps the marketers to create a brand image of their product. The general masses are able to identify the product through these trademarks. In the advertisement too trademarks are used; these trademarks help in creating image of the product in the eyes of the customers. The symbol ™ or ® to indicate that the organization has gone for the trademark; when the symbol ™ is used it means that the organization has not gone for the government approval but when the symbol ® is used it means that the government has gone for prior approval from an authorizing agency such as the government.

It is imperative that the patents and trademarks should be continuously used in lawful manner otherwise its validity will expire. In most of the cases if the trademarks is not used for 5 years then its validity expires and one may have to go for renewal which may or may not be given depending on the situation.

Patents and trademarks are helping many genuine inventor and organization from protecting their invention from the others.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

International Patent Information

December 1, 2013 by  
Filed under Patent

International Patents

A patent refers to a set of rights that are given to an inventor by a state for a fixed duration. The fixed period is generally 20 years and these exclusive rights can be licenced, sold, mortgaged, given away, transferred or simply abandoned In exchange the inventor should disclose or share his or her invention with the public.

Invention can be a useful process, article of manufacture, composition of matter or machine. This procedure for awarding patents varies between countries. It all depends on international agreements and their national laws.

Your patent application should define your invention which should be useful, new inventive or industrially applicable. Certain subject areas such as mental acts and business methods are left out from patents. In most countries the exclusive right that is granted to an inventor is to prevent others from selling, using, making or importing that invention.

If you violate these you may land up in jail. For example an inventor’ theory is published in some book. No other publication is allowed to publish this theory without the publisher’s consent. If the theory is found in some other publication then the publisher can sue the owner of that publication. Even though patent laws have become strict, there are many who violate these laws. The best example of violation of international patent laws is the thriving market of pirated CDs of various movies. Steps are being taken to stop this illegal activity.

A patent application that is filed under PCT (Patent cooperation treaty) is often referred to as patent application. This treaty provides you a unified procedure to file a patent application.

Examples of some patents for invention are software patents, chemical patents, business method patents and biological patents.

A patent does not mean you have the right to use or practice the invention. Patents can be enforced using civil law suits. Any one who applies for a patent at international level is required to prove that their invention is new.

International patents are exclusive rights that are not only applicable to a particular country but to many countries. Fortunately there are many international treaties that help to apply for patent protection.

If you want to search any international patent application, you can always the help of the internet. There are some websites that contain international patent application.
If you have invented something new and are in applying for an international patent then you must do the following:

You should first decide which geographical territories i.e. countries you want to cover.

You should pick up those areas of the globe where you think that you that your invention would be easily marketable. Identify the fee requirements of those countries where you interested to apply for a patent. Many countries have their own procedures to obtain international patent; familiarize yourself with all these procedures.

Fulfill all requirements that are necessary to obtain an international patent. There are some online libraries that provide rules about various countries in order to obtain an international patent. If necessary consult a lawyer who is an expert in international patent law.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1