How to Patent and Idea

What is a patent?

A patent permits the owner of the patent to prevent anyone else from producing the product or using the process covered by the patent.

A provisional patent application is a step toward obtaining a utility patent, where the invention might not yet be ready to obtain a utility patent. In other words, if it seems as though the invention cannot yet obtain a utility patent, the provisional application may be filed in the Patent Office to establish the inventor's priority to the invention.As the inventor continues to develop the invention and make further developments which allow a utility patent to be obtained, then the inventor can "convert" the provisional application to a full utility application.

A provisional patent has several benefits:

A) Patent Pending Status: The most well-known benefit of a Provisional Patent Application is that it allows the inventor to immediately begin marking the product "patent pending."

C) Establishment of a filing date: The provisional patent application also provides the inventor with a crucial "filing date." In other words, the date that the provisional is filed becomes the invention's filing date, even for the later filed/converted utility patent.

Requirements for obtaining a utility patent

A) Novelty: To obtain a utility patent, you must initially determine whether your invention is "novel". In rejecting your patent application, the Patent Office would actually cite the Edison light bulb patent against you as relevant "prior art" (prior art is everything "known" prior to your conception of the invention or everything known to the public more than one year before you file a patent application for the invention).

What is considered prior art by the Patent Office?

Section 102(a) of the patent law specifically describes the things which can be used as prior art if they occur before your date of invention:

1) Public knowledge in the United States: Any evidence that your invention was "known" by others, in the United States, prior to your date of invention. Even if there is no patent or written documentation showing that your invention was known in the United States, the PTO may still reject your patent application under section 102(a) as lacking novelty if they can show that your invention was generally known to the public prior to your date of invention.

2) Public use in the United States: Use by others of the invention you are attempting to patent in public in the United States, prior to your date of invention, can be held against your patent application by the PTO.

3) Patented in the United States or abroad: Any United States or foreign patents which issued prior to your date of invention and which disclose your invention will be used against your patent application by the PTO.

1) Commercial activity in the United States: If the invention you wish to patent was sold or offered for sale in the United States more than one year before you file a patent application, then you are "barred" from ever obtaining a patent on your invention.

2) Public use in the United States: If the invention you wish to patent was used in the United States by you or another more than one year before your filing of a patent application, then you are "barred" from ever obtaining a patent on your invention.

4) Patented in the United States or abroad: If a United States or foreign patent covering your invention issued over a year prior to your filing date, you will be barred from obtaining a patent. Compare this with the previous section regarding United States and foreign patents which states that, under 102(a) of the patent law, you are prohibited from getting a patent if the filing date of another patent is earlier than your date of invention. Under 102(b) which we are discussing here, you cannot get a patent on an invention which was disclosed in another patent issued over a year ago, even if your date of invention was before the filing date of that patent.

It is significantly cheaper than a non-provisional patent and provides the inventor with a 12–month period in which to market and/or develop their invention (while using the term “patent pending”) before they need to invest in a “full” non-provisional patent.; The provisional patent does not require the patent claims, which are a key element of the non-provisional application.; Additionally, a provisional application is not examined by the USPTO and does not convert to a regular patent.; The inventor must submit the non-provisional application within one year of the provisional filing date; otherwise, they would not be able to use the original filing date of the provisional application.

A provisional patent application should include the following elements, which are significantly scaled back from the non-provisional application:;

Description of invention – invention claims are not required, just an adequate description of the invention

Drawing – if necessary to understand the invention

Patent Infringement - Who Can Be Sued?

What is a patent?

A patent permits the owner of the patent to prevent anyone else from producing the product or using the process covered by the patent. Think of Thomas Edison and his most famous patented invention, the light bulb.

A provisional patent application is a step toward obtaining a utility patent, where the invention might not yet be ready to obtain a utility patent. In other words, if it seems as though the invention cannot yet obtain a utility patent, the provisional application may be filed in the Patent Office to establish the inventor's priority to the invention.As the inventor continues to develop the invention and make further developments which allow a utility patent to be obtained, then the inventor can "convert" the provisional application to a full utility application.

A provisional patent has several benefits:

A) Patent Pending Status: The most well-known benefit of a Provisional Patent Application is that it allows the inventor to immediately begin marking the product "patent pending."

C) Establishment of a filing date: The provisional patent application also provides the inventor with a crucial "filing date." In other words, the date that the provisional is filed becomes the invention's filing date, even for the later filed/converted utility patent.

Requirements for obtaining a utility patent

A) Novelty: To obtain a utility patent, you must initially determine whether your invention is "novel". For example, if you were to apply for a patent on the light bulb, it seems quite clear that you would not be entitled to a patent, since the light bulb is not a new invention. In rejecting your patent application, the Patent Office would actually cite the Edison light bulb patent against you as relevant "prior art" (prior art is everything "known" prior to your conception of the invention or everything known to the public more than one year before you file a patent application for the invention).

What is considered prior art by the Patent Office?

A) Prior art which dates back prior to your date of invention: It would seem to make sense that if prior art exists which dates before your date of invention, you should not be entitled to obtain a patent on that invention since you would not truly be the first inventor. Section 102(a) of the patent law specifically describes the things which can be used as prior art if they occur before your date of invention:

1) Public knowledge in the United States: Any evidence that your invention was "known" by others, in the United States, prior to your date of invention. Even if there is no patent or written documentation showing that your invention was known in the United States, the PTO may still reject your patent application under section 102(a) as lacking novelty if they can show that your invention was generally known to the public prior to your date of invention.

2) Public use in the United States: Use by others of the invention you are attempting to patent in public in the United States, prior to your date of invention, can be held against your patent application by the PTO.

3) Patented in the United States or abroad: Any United States or foreign patents which issued prior to your date of invention and which disclose your invention will be used against your patent application by the PTO.

1) Commercial activity in the United States: If the invention you wish to patent was sold or offered for sale in the United States more than one year before you file a patent application, then you are "barred" from ever obtaining a patent on your invention.

2) Public use in the United States: If the invention you wish to patent was used in the United States by you or another more than one year before your filing of a patent application, then you are "barred" from ever obtaining a patent on your invention.

4) Patented in the United States or abroad: If a United States or foreign patent covering your invention issued over a year prior to your filing date, you will be barred from obtaining a patent. Compare this with the previous section regarding United States and foreign patents which states that, under 102(a) of the patent law, you are prohibited from getting a patent if the filing date of another patent is earlier than your date of invention. Under 102(b) which we are discussing here, you cannot get a patent on an invention which was disclosed in another patent issued over a year ago, even if your date of invention was before the filing date of that patent.

Patent Protection for a Product Ideas or Inventions

One of the questions that patent holders may have is "who can be sued in a patent infringement lawsuit?" If a company makes a new product that infringes upon an existing and in force patent, it is infringing upon that patent and can be sued. If you believe that your patent rights are being infringed upon, contact a patent infringement lawyer for a consultation to evaluate your case for a lawsuit.

If you are not prepared to file a patent application

What is a patent?

A patent permits the owner of the patent to prevent anyone else from producing the product or using the process covered by the patent. Think of Thomas Edison and his most famous patented invention, the light bulb.

A provisional patent application is a step toward obtaining a utility patent, where the invention might not yet be ready to obtain a utility patent. In other words, if it seems as though the invention cannot yet obtain a utility patent, the provisional application may be filed in the Patent Office to establish the inventor's priority to the invention.As the inventor continues to develop the invention and make further developments which allow a utility patent to be obtained, then the inventor can "convert" the provisional application to a full utility application.

A provisional patent has several benefits:

A) Patent Pending Status: The most well-known benefit of a Provisional Patent Application is that it allows the inventor to immediately begin marking the product "patent pending."

C) Establishment of a filing date: The provisional patent application also provides the inventor with a crucial "filing date." In other words, the date that the provisional is filed becomes the invention's filing date, even for the later filed/converted utility patent.

Requirements for obtaining a utility patent

A) Novelty: To obtain a utility patent, you must initially determine whether your invention is "novel". In rejecting your patent application, the Patent Office would actually cite the Edison light bulb patent against you as relevant "prior art" (prior art is everything "known" prior to your conception of the invention or everything known to the public more than one year before you file a patent application for the invention).

Any trivial physical difference will suffice to render your invention novel over a similar invention.If you were to invent a square light bulb, your invention would actually be novel compared to the Edison light bulb (since his was round/elliptical). What is considered prior art by the Patent Office?

A) Prior art which dates back prior to your date of invention: It would seem to make sense that if prior art exists which dates before your date of invention, you should not be entitled to obtain a patent on that invention since you would not truly be the first inventor. Section 102(a) of the patent law specifically describes the things which can be used as prior art if they occur before your date of invention:

1) Public knowledge in the United States: Any evidence that your invention was "known" by others, in the United States, prior to your date of invention. Even if there is no patent or written documentation showing that your invention was known in the United States, the PTO may still reject your patent application under section 102(a) as lacking novelty if they can show that your invention was generally known to the public prior to your date of invention.

2) Public use in the United States: Use by others of the invention you are attempting to patent in public in the United States, prior to your date of invention, can be held against your patent application by the PTO.

3) Patented in the United States or abroad: Any United States or foreign patents which issued prior to your date of invention and which disclose your invention will be used against your patent application by the PTO.

1) Commercial activity in the United States: If the invention you wish to patent was sold or offered for sale in the United States more than one year before you file a patent application, then you are "barred" from ever obtaining a patent on your invention.

2) Public use in the United States: If the invention you wish to patent was used in the United States by you or another more than one year before your filing of a patent application, then you are "barred" from ever obtaining a patent on your invention.

4) Patented in the United States or abroad: If a United States or foreign patent covering your invention issued over a year prior to your filing date, you will be barred from obtaining a patent. Compare this with the previous section regarding United States and foreign patents which states that, under 102(a) of the patent law, you are prohibited from getting a patent if the filing date of another patent is earlier than your date of invention. Under 102(b) which we are discussing here, you cannot get a patent on an invention which was disclosed in another patent issued over a year ago, even if your date of invention was before the filing date of that patent.

Now what?Many will tell you if it's worth anything, you must patent your invention. Should you file a patent yourself? to.gov ) Is your invention really an invention? Your invention has to do something. The U.S. gives patent rights to the first inventor. But even this has its limits if the invention is publically disclosed.

Obtaining a Provisional Patent

A provisional patent application is not a patent, and furthermore, never becomes a patent, with the single rare exception noted below.

For more information on provisional patent applications, see .

Non-provisional

A non-provisional patent application, sometimes called a "regular" patent application or just a "patent application", is a "real" application for a patent.

For more information on non-provisional patent applications, see .

Many people think that a provisional patent application is less costly way to get a patent than a non-provisional patent application. Alternately, if they do not find someone, they plan to let the provisional patent application expire without filing a non-provisional patent application and incur no further expenses.

Provisional or Non-provisional Patent Application - Which Should You Choose?

A provisional patent is somewhat like obtaining a placeholder patent. The provisional patent is an initial patent, that is similar to a regular patent and is subject to most patent infringement laws, but it will not turn into a typical patent with all the patent rights until the applicant takes additional steps. The U.S. Patent Office has high regulations regarding provisional patents and won't hand over a provisional patent unless it meets U.S. Patent Office requirements. Patent lawyers recommend filing for a provisional patent first in many cases if the patent desired has a high likelihood of becoming someone else's very good idea. The U.S. Patent Office generally only permits provisional patents for a short time before the provisional patent holder is then required to take additional steps to obtain a regular patent. If the provisional patent holder fails to do so, then the next applicant if free to file for a patent without violating patent infringement laws.A patent lawyer can thoroughly explain all the details between a provisional patent and a regular patent. A patent lawyer can also determine whether a patent applicant is better served filing for a provisional patent first. Exceptions to patent infringement law would create patent pandemonium, which would be highly chaotic for inventors and potential patent holders.

United Kingdom: Theory Into Action: Calculating Damages Payments and Accounts of Profits in Patent Instances

A provisional patent application is not a patent, and furthermore, never becomes a patent, with the single rare exception noted below.

While patent attorneys often speak of "converting" a provisional into a non-provisional, this is not usually an accurate description of the case (with a single exception), since the provisional has no life beyond its twelve-month term and "converting" is usually done by filing a non-provisional application that claims benefit of the filing date of the provisional. Thus, the provisional is primarily a means for delaying the filing of a non-provisional patent application, while still getting benefit of the earlier filing date of the provisional.

Lastly, a provisional patent application never sees the light of day and remains confidential, unless a non-provisional patent application (or a Patent Cooperation Treaty application -- to preserve foreign filing rights -- or a design application) takes priority to it.

For more information on provisional patent applications, see .

Non-provisional

A non-provisional patent application, sometimes called a "regular" patent application or just a "patent application", is a "real" application for a patent. Claims are the invention.

There are various types of non-provisional patent applications, including the "parent" application and such "children" as divisional patent applications (occasionally the United States Patent ; Trademark Office (USPTO) examiner requires restriction between more than one invention in the patent application; after proceeding with one selected invention, the other or others can be filed as divisionals), continuation patent applications (typically only a new set of claims to the original invention) and continuation-in-part patent applications (the original patent application plus some new matter added -- this is the only way to add new matter to a patent application).

For more information on non-provisional patent applications, see .

Many people think that a provisional patent application is less costly way to get a patent than a non-provisional patent application.

Again, because the provisional expires and a non-provisional must be filed to take priority to the provisional, this two-step process is more expensive.

There are at least two good reasons to file a provisional patent application:

Alternately, if they do not find someone, they plan to let the provisional patent application expire without filing a non-provisional patent application and incur no further expenses.

Namely, if you want to get a patent and reason 1 above doesn't apply, you should immediately file a non-provisional patent application and get the process going.

Provisional or Non-provisional Patent Application - Which Should You Choose?

DamagesAn award of damages focuses on the losses sustained by the claimant. An Account of ProfitsOn the other hand an account of profits focuses on the profits made by the defendant, without reference to the damage suffered by the claimant at the hands of the defendant. The claimant is treated as if they were conducting the business of the defendant, and made the profits of the defendant. In most cases, an award of will equal or exceed the maximum award in an account of profits; however an account of profits may greatly outstrip an award of damages in the right case. There are two ways to calculate the damages suffered by a defendant, and the method turns on whether the claimant manufactures the patented invention or whether manufacturing of the invention is licensed to others.The Reasonable RoyaltyWhere the patent owner licenses the production or use of the invention to others, the measure of damages is the lost royalty profits. 4. Lost profits on sales lost on goods that are commonly sold with the invention 5. Springboard Damages: damages that are suffered after the infringement by establishing a market presence through infringement and early entry into the market.

Patent – Discussion and Suggestions

The biggest problems facing inventors involve the backlog of patent applications. The Office of Patent Quality Assurance randomly pulls newly issued patents and reviews them.

Patent Backlog - How Inventors Can Deal With the Patent Backlog

Patent – Discussion and Suggestions

This article looks like the open discussion about the Patent and patenting the new invention.

Question 1: What is Patent?

Question 4: Who can obtain the Patent?

An inventor or company assigned by the inventor can obtain the patent over his/her invention.

Question 5: What kind of Protection does a Patent offer?

Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent/written permission. If any company/person wants to use that invention, they may need to buy that patent rights or to give royalty to that patent owner.

Question 6: How many inventors can joint together in a single patent application?

Question 7: Can a person get Patent for other person's invention?

Yes, a person assigned by the inventor can obtain the patent for that inventor's invention. Here the patent owner is that assigned person, but the inventor name only present in the Patent inventor's column.

Question 8: How a patent is filed?

The inventor or his assignee obtains a patent by filing a patent application to the patent office in the stipulated forms as required by the Patent act of that country.

A patent examiner of patent office checks the novelty features of the patent application with the current state of the art available.

Question 10: Which invention qualifies for the grant of a patent?

Question 11: Why an inventor should go for a patent?

Question 13: When will the patent get expire?

A patent can expire in the following ways:

The patent has lived its full term i.e. the term specified by the patent act of the country.

Question 15: Is there any International/Global patent office?

There is no International or Global Patent.

Question 16: Is there any International/Global law for patent?

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970.

The Patent Law Treaty (PLT) is a patent law multilateral treaty concluded on June 1, 2000 in Geneva, Switzerland, by 53 States and one intergovernmental organization, the European Patent Organization.

The Substantive Patent Law Treaty (SPLT) is a proposed international patent law treaty aimed at harmonizing substantive points of patent law.

Question 20: Does a Patentee sell his patent to any person/company?

Question 21: Is any rule, only the Patent attorneys do the patent draft?

Questions 22: How would you know about your patent application status?

Questions 23: Is the Patent office assist the inventors for developing and marketing of their patents?

Question 24: Which are the main sources for patent information?

National Patent offices, International Information vendors like Dialog, Orbit, Delphion, patent storm etc., free or charge based patent web sites on Internet.

Patent Registration - A Approach As Valuable As Your Tips

To Patent your idea, you must first write a provisional patent application. You may negotiate signing fees, royalties, and licensing fees on your idea, in return for negotiating the final patent rights. It contains all of the actual provisional patent application forms -- and only those forms -- required by the United States Patent and Trademark Office (USPTO). The best way to secure protection for our ideas is to get a patent or secure a trademark for the product related to it. Patent trademarks cover the identifier who comes up with a new idea or invention. However the first step to get the patent is to get a patent application and do the patent registration. It is only after we register our ideas for patent, the whole process starts underway. A patent trademark is a name, symbol, design or a symbol which differentiates one product from the other. After patent registration, we can use the term ‘patent pending' to imply that the given product is registered for a patent.

Patent PCT Application India

Establishes an international system which enables the filing, with a single patent Office (the “Receiving Office”), of a single application (the “International Application”) in one language having effect in each of the countries which are party to the PCT which the applicant names (“designates”) in his application;

Provides for the formal examination of the International Application by a single patent Office, the Receiving Office;

Provides for centralized international publication of International Applications with the related international search reports, as well as their communication to the designated Offices; and

(In PCT terminology, a reference to “national” Office, “national” phase and “national” fees, includes the reference to the procedure before a regional patent Office). The first step is that the Receiving Office receives the International Application from the applicant. The second step is that the Receiving Office checks the International Application to determine whether it meets the prescribed requirements as to form and content of International Applications.

3.; i) The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that that Office has found that in order in accordance with Article 11, at the time of receipt:

If the language of filing of the International Application is one acceptable by the Receiving Office but is not acceptable by the International Searching Authority that is to carry out the international search, the applicant is required to furnish, within one month from the filing date of the application, a translation into a language which is all of the following: (i) a language accepted by the International Searching Authority that is to carry out the international search; (ii) a language of publication; and (iii) a language accepted by the Receiving Office (unless the International Application is filed in a language of publication). Not all the requirements of the International Application are required to be ;examined by the Receiving Office. The third step in the procedure before the Receiving Office is that it must transmit the “record copy” of the International Application to the International Bureau and the “search copy” to the International Searching Authority. The Receiving Office will then declare that national security provisions prevent the International Application from being treated as such.

If an applicant who is a resident or national of a PCT Contracting State; erroneously files his International Application with a national office which acts as a Receiving Office under the Treaty but which is not competent under Rule 19.1 or 19.2, having regard to the applicant’s residence and nationality, to receive that International Application, or if an applicant files his International Application with the competent Receiving Office in a language which is not accepted by that Office under Rule 12.1(a) but is in a language accepted under that Rule by the International Bureau as Receiving Office, the International Application will be considered to have been received by the national Office on behalf of the International Bureau as Receiving Office on the date on which it was received by the national Office, and will be promptly transmitted to the International bureau as Receiving Office (unless such transmittal is prevented by national security prescriptions).

(ii) The International Application should be in the language, or one of the languages, accepted by the Receiving Office for the purpose of filing International Applications (note, however, that the International Application is to be transmitted to the International Bureau as Receiving Office under Rule 19.4(a)(ii) if that condition is not fulfilled);

If all such defects are not properly corrected, the application will not be treated as an International Application.

If the applicant does not correct, the defect properly, the International Application will, however, be considered withdrawn by the Receiving Office.

(i) Monitoring the receipt of the confirmation of receipt of the International Application by the Receiving Office;

Filing of the International Application:

International Application must be filed with any of the receiving offices i.e. Patent office, Kolkata, New Delhi, Mumbai, and Chennai(RO/IN) or International bureau (RO/IB) of WIPO. Each Receiving Office must, however, accept at least one language for the filing of International Applications which is both a language accepted by the International Searching Authority or, if applicable, by at least one International Searching Authority, competent for the international searching of International Applications filed with that Receiving Office and one of the languages of publication (that is, Chinese, English, French, German, Japanese, Spanish or Russian), so that applicants always have the option of filing the international search or international publication purposes; in other words, either words, either the International Application in its original language or the translation will be sufficient for the processing by the Receiving Office, for international search and for international publication.

If the language of filing of the International Application is accepted by the Receiving Office and the International Searching Authority but is not a language of publication (at present, this is the case only where the International Application is filed in Dutch and certain Nordic languages), the International Application will be published in English, the translation into that language being prepared under the responsibility of the International Searching Authority which undertakes the search (see Rule 48.3).

International Search.

A high quality international search report is established by the International Searching Authority.

Austrian Patent Office (AT)

Australian Patent Office (AU)

European Patent Office (EP)

United States Patent ; Trademark Office (US)

Swedish Patent Office (SE)

If the International Application did not claim any priority, the international search report is available within nine months from the international filing date, If priority is claimed, that report is available usually during the 16th month from the priority date. Even where priority is claimed, the international search report is normally available in time before publication of the International Application. International Fee: USD 1134* USD 1211 (from 1-3-2005)

It is due within one month from the date of receipt of the International Application. The International Fee is for the benefit of the International Bureau. The international fee is due within one month from the date of receipt of the International Application. The Search Fee is for the benefit of the International Searching Authority.

An International Application can be withdrawn at any time during the international phase.

International Preliminary Examination (Optional)

Austrian Patent Office (AT)

Australian Patent Office (AU)

United States Patent ; trademark office (US)

Swedish patent Office (SE)

The use of International Preliminary Examination

(iii) Helps the applicant to adapt the International Application to the results of the international search report;

(iv) Allows, with effect for all elected Offices, the amending of all parts of the International Application (description, claims and drawings) during international preliminary examination;

1) The national phase follows the international phase. This offsets, at least partly, the costs of filing an International Application.

European Patent Office (EPO): –

European search fee waived if international search report by AT, EP, ES, SE; 20%

reduction of European examination fee if international preliminary examination report by EP.

German Patent Office:

– Filing fee waived if the Office was the Receiving Office;

– Examination fee reduced if an international search report has been established.

Hungarian Patent Office:

– Filing fee waived if the Office was the Receiving Office;

Japanese Patent Office:

– Approximately 80% reduction of examination fee if international search report established by JPO;

– Approximately 20% reduction of examination fee if international search report established by ISA other than JPO.