Thursday, June 29, 2017

Searching To See If Something Has Been Patent Already

December 1, 2013 by  
Filed under Featured

Fear grips many inventors because they are always apprehensive that some people may use their invention or new concept for making profit. And in spite of hard work he will be a loser. To protect the rights of these individuals the concept of patent came into force.

Patent provides an individual or an organization exclusive rights which enable them to protect their concept or idea 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. However, if anyone tries to use the patentee’s concept, product or technique to make profits then this is termed a patent infringement.

This is why it is always advised that those who are applying for the patent should go for patent search. Patent search helps to provide and individual with an idea that whether the product for which he is seeking patent is already patented or not. Patent search can be done in different ways. There are today online sites where the patent search can be done; these online sites will provide the lists of the entire patent from all over the world.

The respective patent office in each country has also information regarding the patents in that particular country and also about the products or concepts which have been patented all over the world. This also helps a lot in patent search.

Patent infringement means others trying to use a patentee’s technique for making profit or for his personal motive without taking the consent of the patentee. It is illegal and the patentee has all the rights to take legal action against those persons or organization.

So, if as proper patent search has been done then the chances of patent infringement is minimized.

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. They may try to prove that the patentee has adopted illegal means to obtain patent rights and at the time of filing the application that particular method or technique were already being used by some others.

The most important thing is that the application must be properly prepared because complete application which presents the case strongly goes a losing way in ensuring that the applicant is granted the patent. So, a patentee should carefully prepare the patent application.

An applicant before filing foe patent should do proper patent search and should confirm from all the sources that his product is unique and has not been patented. After properly verifying he should go for filing the application for patent.

This will help him to ward off any trouble which would have otherwise created problem for him.

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 Pending Explained

June 1, 2013 by  
Filed under Featured

When an applicant who has filed for the patent but has not been granted patent i.e. his patent application is under consideration then the term patent pending applies. Patent pending enables an applicant to prevent their invention from being used by others. So they can use the term patent applied for etc to warn others from using their invention for their own purpose.

However, there are also rules which warn those who try to marks any product or procedure as patent pending; different countries adopt different policies s far as patent pending requests are concerned. 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 goes 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.

There are several cases wherein during the patent period someone tries to use the concept of the patentee for business purpose or for some other purpose. This is termed as patent infringement. Patent infringement means others trying to use a patentee’s technique for making profit or for his personal motive without taking the consent of the patentee. It is illegal and the patentee has all the rights to take legal action against those persons or organization.

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. They may try to prove that the patentee has adopted illegal means to obtain patent rights and at the time of filing the application that particular method or technique were already being used by some others.

So it is imperative that the patent application forms should be filled with utmost care. And during the patent pending period too it must be ensured that the others are not trying to use the applicant’s product for their own benefit.

Steps You Must Take In Order To Get A Patent

June 1, 2013 by  
Filed under Featured

A patent can be described as an invention that is granted by a government and the creator of such patent is conferred with the sole rights in regards with the usage, making and selling of the invention. After a certain thing is invented the creator of this invention, needs to go through a procedure to get this patent on a technology or a product. There are various steps of getting a patent and numerous reasons for getting the same.

These steps of getting a patent are not easy and need to be done through a proper and procedure. This procedure involves a legal process, which is quite inevitable, and involves spending a lot of money. But for the people who cannot afford to pay these big amounts can secure their patents by themselves as well. The Federal Law has authorized the U.S Patent and Trademark Office (USPTO) to assist those people who have applied for patents without the help of their lawyers.

But for the people who can hire a patent lawyer can follow the steps of getting a patent that are prescribed by the attorney thus making you tension free as the patent will go through a legal process. The vital steps of getting a patent are that you should be sure that your invention fits the parameters for a patent and justifies all the criteria’s of the invention.

The steps of getting a patent are obligatory for every inventor and the procedure may take a little long than expected. However, with these steps it will be easier to obtain long awaited results.

Following are the necessary steps of getting a patent. It is necessary for the inventor to keep a detailed proof of the invention. It is mandatory to put the date and sign each entry and keep two responsible people to sign these documents. At the same time it is also necessary to know that if your invention matches the parameters of the Patent and Trademark office’s board of categories.

Steps of getting a patent include a thorough survey of the market that you wish to enter. One of the most important steps of getting a patent is that the inventor needs to prove that there was no prior effort done for such kind of invention. Last but no the least the inventor needs to make an application to the USPTO to be eligible to qualify for the legal procedure.

With all these steps of getting a patent, you can get your invention on a technology or as a product.