It is a process whereby an individual applies to a patent office to seek legal protection for his or her invention. This step is important to enable the inventor or the applicant to have exclusive control of the invention where no other person is allowed to make, use, or sell it without the consent of the inventor or applicant. In the case of the business entities and the inventors, an application for seeking a patent is an important tool in their armoury to safeguard the property of the innovations created by them and in addition to that sustain a competitive advantage in the market.
Filing a patent is essential for several reasons:
After the filing of the patent and after it has been granted, the inventor is given legal backing. It implies that the patent owner can sue anybody who uses the patented invention.
Patents provide the inventor with a legal monopoly to exploit the invention commercially in the marketplace.
A patent gives a lot of opportunity to the inventor as the inventor can license out the technology to others or sell outright the patent.
To the business entity, the acquisition and development of a strong patent undertaking can act as a booster in the enhancement of the worth of the company to its investors and partners.
Some of the activities that go into filing a patent include fundamentals of patenting procedures and patent prosecution costs. Filing a patent involves several key steps, each of which must be carefully followed to ensure the application is successful:
Conduct a Patent Search:
When seeking to get a patent for an invention it is good practice to carry out a patent search to ensure that the invention doesn’t have a previous patent. This step assists in preventing possible legal disputes and also makes the invention so developed to qualify for a patent.
Prepare the Patent Application:
The next process is to prepare the patent prosecution document also known as the patent application. This document is an extended description of the invention with drawings if needed and the claims that will describe the protection that is being sought. The application could be a provisional application in which an early filing date is obtained or a non-provisional application containing full description of the invention.
Submit the Patent Application:
However, this must be done after the application has first been prepared to be submitted to the relevant patent office. This in the case of India would be the Indian Patent Office. Application can be made online or on paper and the date of application is very important as it determines the application’s standing in terms of priority of invention.
Examination Process:
They go through an examination stage where a patent examiner conducts a search in order to ascertain that the application meets all legal provisions. This involves having a verification of the invention for novelty in addition to the invention’s non-obviousness or inventive step as well as industrial applicability.
Addressing Objections:
The applicant is allowed to respond to any issues that the examiner may have with the application by making some explanations or changes. Thus, one could conclude that the main reason for successfully coming through the mentioned stages is the ability to meet the objections that follow.
Patent Grant:
Thus after all the objections have been addressed the invention is deemed to have complied with all the requirements and thus a patent is given. This provides the patent holder monopoly over the invention for a particular time – usually, 20 years from the date the application for the patent was filed.
In addition, there are certain recommendations required to be followed while filing the patent application, that an applicant should be very professional and specific. Legal descriptions are specific and thus minimise the possibility of objections and move the approval faster.
Patent law is tricky. A patent attorney is also beneficial in this process to lead the way and avoid common pitfalls that will lead to the rejection of the application.
Indeed, timing is everything in the world of patents. Filing early means your invention will be protected by a priority date and it gives you a head start against your competitors.
Patents need regular upkeep. This is crucial to remember, as it is easy to have your rights taken away if you do not pay for maintenance on time – but do not worry, it’s not all for nought if you have been putting in the effort:
The procedures for the registration of patents in the online platform are however speedy and efficient. It can assist you to apply faster, keep the application organised, and monitor all processes without any difficulties.
