You are an inventor and consider your invention as path breaking method to solve an present problem. Now you have got many questions,
Is my invention patentable?
Is really my concept novel?
Can I get a patent for it?
If I market your invention
it, how might I cease others from copying it?
What's the process to obtain a patent?
Like these, you could have many different questions in your mind. Rights Reality, an Mental Property Consulting firm, guides corporations, inventors and begin-ups to guard, monetize and assert their inventions. Right here we're presenting a ten step guide to get a patent for your invention.
Step 1: Conceptualization and Documentation of the Invention: After you have conceptualized your invention, put it into papers. You should point out all the data regarding your invention like what drawback it has solved, the way it works, what are the different parts of your invention, drawing of the invention etc. Additionally, put dates on all of the paperwork, it would assist in figuring out the conceptualization dates of the invention. Further, the documentation will assist the IP consultants in better understanding of your invention.
Step 2: Engaging IP Guide: Patent drafting is an artwork and also you need help of IP consultants to prosecute your patent software with the patent office. Subsequently, you must interact a professional IP consulting agency to draft, file and prosecute your patent application. Earlier than, disclosing your invention to the IP consulting firm, you need to signal a non-disclosure agreement with them.
Step three: Invention Disclosure Assembly: After executing NDA, you possibly can have invention disclosure assembly with the IP consulting firm and explain them the working of your invention, completely different parts of the invention and distinctive functions of the inventions. Additionally, you can also share the documentation of the invention with the IP consulting firm.
Step 4: Patentability Assessment: It is the check of the patentability of the invention. First, it will likely be checked whether or not the invention lies below the federal government approved list of patentable subject matter. If sure, then a complete prior artwork search might be performed to determine the novelty and non-obviousness of the invention with respect to the existing techniques and applications. Based mostly on the prior artwork search results, the novelty of the invention can be established.
Step 5: Drafting patent utility: after establishing the novelty of the invention, subsequent step is to draft the complete patent application. Patent utility is the legal document where you disclose the invention intimately with the drawing and outline the protected boundary of the invention with claims. An skilled IP marketing consultant will draft the applying with broadest attainable claims of the invention. He'll draft the claims in such a manner in order that it will be simpler to detect the infringement and deter others to pursue the invention.
Step 6: Filling Patent Application: Once you might be ready with the whole patent utility, the patent attorney/patent agent can file it within the patent workplace along with required patent filling fees. You get the precedence date of the invention from the filling date of the patent application. The priority date is the date from which you can assert your proper to patent.
Step 7: Publication of the patent utility: After filing your patent application, the patent software is printed after eighteen months from the date of filing. If you want to expedite your patent protection, you possibly can place a request for early publication with required charges and the applying will probably be printed within a month from the date of request.
Step eight: Patent Application Examination: After publication, next step is to look at the patentability of the invention by the patent office. You can also expedite the method of examination by requesting to patent workplace and submitting the required fees. The patent workplace will assign the patent application to a patent examiner to scrutinize your invention and to verify whether the invention is patentable or not. The patent examiner will conduct a previous artwork search and decide the novelty and non-obviousness of the invention.
Step 9: Response to Workplace Motion: The patent examiner submits the examination report, the place he might present references of the related prior artwork which could negate the novelty of the claimed invention. The inventor has to study the report together with the IP guide and respond to the examination report along with correct reasoning about the patentability of the invention. This step is called workplace action. Sometime there may very well be multiple workplace actions to determine the novelty of the invention.
Step 10: Grant of Patent: After clarifying all of the objections raised by patent office, the patent will be granted with the integrated modification throughout workplace actions. Now, you're going to get a patent number for the invention. Once the patent is granted, you need to pay situation fees and the periodic upkeep fees to the patent office.