Sunday, August 20, 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

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