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

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