The important point is to confirm that the invention is a new product or new process of manufacturing the product and is capable of Industrial application. In short for a new invention to be patentable it must be adequately describes a new, useful and un-obvious invention of proper subject matter.
An invention to become patentable, subject matter must meet the following criteria –
It should be novel.
It should have inventive step or it must be non-obvious
It should be capable of Industrial application.
Patent application should be filed before the publication of the invention in the public and till then it should not be disclosed or published. Disclosure of invention in public before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is grace period of 12 months for filing application even after publication and you can find more information about it on https://www.tekrevue.com/inventhelp-tech-invention-off-the-ground/.
An invention to be patented must not be obvious, means that a person having ordinary skill in same field would not have found the invention obvious at the time it was made. The proper subject matter of a patent can be any product, process, apparatus or composition, including living matter such as genetically engineered bacteria or plants. Special provisions also permit certain distinct and new varieties of plants (Plant Patent) to be patented including new original and ornamental designs for articles of manufacture (Design Patent). However purely mental processes, newly discovered laws of nature and methods of doing business are not proper subjects for a patent. Similarly there are several other specific categories of inventions, which are declared as non-patentable.
So before applying for a Patent, it’s nature, freshness and industrial application should be assessed by invention help professionals so that it has more chances of getting patented successfully.
An intellectual property lawyer works with clients in the creation, licensing, protection, and transfer of intellectual property. Intellectual property encompasses a number of different products including music, books, movies, artwork, slogans, and logos, and intellectual property law allows owners to have the rights to both tangible and intangible assets. Intellectual property lawyers assist clients with five basic types of law: trademark, copyright, trade secret, patent, and licensing.
Trademark law aims to protect logos, phrases, and symbols belonging to an individual or company. An intellectual property lawyer would assist the trademark holder if another individual or company used its trademark without permission.
Copyright law allows creators exclusive rights to protect their work and how it is used. This type of law protects the expression, rather than the name or slogan. For copyright law, an intellectual property lawyer will protect the creator’s rights against infringement.
Patent law generally focuses on inventions and protects the inventor from others profiting off their work. Intellectual property lawyers defend against the unlawful reproduction or pilfering of patented inventions as written in this https://reviews.birdeye.com/inventhelp-150448996213796 article.
Trade secret law protects a company’s methods and devices that gives them an advantage over their competitors. An intellectual property lawyer will help the trade secret owner from unauthorized disclosure by other individuals or companies.
Licensing law allows copyright and patent holders to allow others to use their work with their permission. If another firm violates licensing law, an intellectual property lawyer will protect the rights holder.
Intellectual property constitutes the livelihood for many companies in the United States and across the world. Thus, intellectual property lawyers are constantly needed for assistance in protecting intellectual property. One of the most in-demand types of intellectual property lawyer is a patent lawyer. Patent lawyers require extra training and are always needed because patents are one of the most important ways to protect intellectual property.
Intellectual property lawyers can focus on transactional work or litigation. Transactional work involves registering trademarks or applying for copyright protection whereas litigation is primarily for lawsuits.
Anyone who is considering a patent application would do well to first inspect the market they are in, and check out any patents, both nationally and internationally, that are for designs similar to that being considered for registration.
Any commercial enterprise with a patent will naturally be on the lookout for fresh applications that may be made, which could have a negative effect on their business. By spotting relevant applications at the publication stage, they will then have the opportunity to challenge a new application that might infringe their existing patent, or at the very least have the potential to upset their current sales. This information is generally published in official journals.
Patents are still dealt with at a national level, and each country has historically had its own set of rules. So, depending on the country providing jurisdiction over the patent application, it may be possible to lodge an objection at the early, application stage – arguing that the patent should not be granted. This set-up does, however, have a downside for the applicant; whilst they are spending time defending any formal opposition to the application, their advance or discovery could be being taken advantage of by others as it is temporarily unprotected.
Some countries do not have a facility for entering an objection at the early stage, and for anyone connected with a patent, it is well worth taking advice from a specialist intellectual property lawyer, to ensure you are fully appraised of the situation in key markets that concern your development. In the USA, for example, it is not possible to object at the application stage, although it is permissible to request a re-examination by the relevant patent office; and this can bring fresh information to the notice of the officials checking out the application. As a result, a patent could be re-drafted, resulting in a more comprehensive wording and possibly giving breathing space to others with interests in similar products or procedures as you can see in https://doesitreallywork.org/invent-help-review/ article too.
In the UK, there are few objections as the process allows for a detailed investigation early on. In contrast, the market in Germany does’n not allow for any early searches for patents already existing, meaning that there tends to be more objections by parties with a vested interest; in practice, this is the only way for a rival to register their interest.
Patent law is complex and the price of getting it wrong can be disastrous. Make sure you take early intellectual property advice from specialist IP Lawyers.
Patent law covers the particular section of intellectual property, patent which could be any inventions made by the people. The patent law governs all actions associated with the patent whether it is patent use or unauthorized cases. These laws enable people to protect their patents and determine the appropriate actions against the people who wrongfully use their creations. The patent attorneys specialized in patent law knows all nitty-gritty of this law and assists their clients in protecting their creations.
What creations can be patented?
Usually, the creations that fall under the purview of the patent will be patented. Make sure that not everything is patentable and you have to apply for patent to avail the patent protection of your creation to the United States Patent and Trademark office. There are special kinds of products that can be patented as was written in details in https://t2conline.com/do-you-have-a-great-idea-for-a-tech-invention-let-inventhelp-support-you/ article, and in short it looks like this:
Processes – If you invented a particular process of creating something which is unique then you can apply for the patent protection such as a process invented to create machine or any medicines.
Machines- All kinds of mechanical devices that are unique and invented first time in market will be protected under the patent law. Whether it is small equipment, heavy machines or home appliances all fall under the purview of the patent law.
Composition – It refers to the chemical substances as when you invent new compound of chemicals then you can go for the patent protection for that specific compound.
Manufacture – Though it is similar to the machine but there are some aspects that differentiates it from the machine category. In that “catch all” category is applied such as a pencil which is manufactured but not comes under the machine is also patented under the manufacturer patent protection.
Combination of any or all – Indeed, the combination of any or all above given inventions will also be subjected to the patent protection. For example, if any one creates new machine and new method of designing new machine then both will be patented.
Unite States: In the United States, the United States Patent and Trademark office governs all actions of the patent ranging from issuing the patent and determining which creation can be patented or not. Moreover, everything related to patent law will be fall under this authority.
International Law: International law ensures people to protect t their patent all across the globe. In order to that, there are several international treaties have been enforced between countries regarding the patent protection.
There are multiple occasions when people realize that someone can misuse their patented creation at that moment they need to have support of patent attorney having proper knowledge of patent laws. Moreover, lawyer will assist the people for filing the patent protection properly.
If you have invented or developed something new, the first thing that you really need to go for is patent registration so that it is not copied by someone elsewhere. By patenting your inventions you can make sure that you are certified as the rightful owner, either of the idea or the invention. It is therefore important that you hire a reliable and competent patent attorney to help you out with the processes, which could be time consuming at times. In some cases, you will need the attorney to make sure that the patent has been filed competently and correctly to avoid unpleasant surprises in the future.
Patent attorneys or Patenting agencies, such as InventHelp, can help you with the groundwork by preparing all the documents which are required to file the patent. A local attorney, who is available for regular visits, can advise you on what documents you need to produce. This could become challenging when the inventor is abroad or has to deal with an online attorney as meetings in person wouldn’t be possible. In such cases, you have to go for recommended attorneys only, so that you can completely trust them with the entire process.
It is a good idea to check the United States Patent and Trademark Office or other such bodies in different countries to make sure that the attorney you are planning to hire is competent and registered to offer those services.
Although, the process of filing a patent could be more or less the same, it is important to work with an attorney or an agency that has a track record or experience of working with other inventors in the same field like InventHelp, as you can see from numerous InventHelp reviews. This makes communication easier and more reliable. You need to understand that patent writing is a skill and has to be done with due diligence.
A patent attorney should be consulted for the preparation of a patent application. Patent attorneys are aware of the formal requirements and can help identify the patentable components of a complex invention. A patent attorney (also called a patent lawyer) is a lawyer licensed by a state bar and licensed by the United States Patent and Trademark Office (USPTO).
Depending on the Invention and patent strategy, a patent attorney or a patenting agency, such as InventHelp, will recommend at least one of a variety of patent applications. Each may have different requirements. More information regarding each type of patent application is provided below:
U.S. Utility Patent Application;
Provisional Patent Application;
Design Patent Application;
PCT patent application
Once a patent application is filed with the United States Patent and Trademark Office (USPTO), the Inventor can mark the invention “patent pending.” The term “patent pending” notifies the public that the Inventor is seeking patent protection on the invention and a patent may soon issue.
Information Disclosure Statement (IDS)
While the patent application is pending, the Inventor has the duty to provide all known references that may affect patentability of the invention to the patent examiner. References are submitted in the form of an Information Disclosure Statement (IDS). Frequently, the results of a patent search are provided as the IDS. The patent examiner will evaluate the IDS, conduct a patent search and determine whether the invention is useful, new and nonobvious.
Frequently, inventions are initially rejected over one or more statutory requirements (as interpreted by the patent examiner) in what is called an Office Action. A response to the office action can be filed.
A patent attorney should be consulted to identify which of the following would be the best route:
Providing Arguments that distinguish the invention from the documents cited in the Office Action
Amending the patent application to distinguish the invention from the documents cited in the Office Action
Abandoning the application
Once the proper response is filed, the patent examiner considers the response. The patent examiner may issue another Office Action rejecting all or part of the invention or may provide a notice of allowance.
A patent will issue once all pending claims have been deemed allowable and the issue fee is paid. An issued patent grants the owner the right to exclude others from making, using, selling, offering for sale or importing the claimed invention for approximately 20 years from the filing date (although patent term may be extended or shortened) as explained in the https://www.glassdoor.com/Overview/Working-at-InventHelp-EI_IE152162.11,21.htm post.
An inventor must pay maintenance fees periodically to keep the patent valid.
When a patent application has been submitted to the USPTO, a patent application serial number is issued and the patent application has a “Patent Pending” status. The term “Patent Pending” is used by a seller or a manufacturer to put the public on notice that the product has a patent application on file with the USPTO.
The term ”Patent Pending” is utilized to market your product and enables the following results:
A patent prevents others from making, using, or selling your invention.
Achieve the notoriety of being an inventor of a “Patent Pending” product.
Mark your invention with “Patent Pending” to notify the public of the pending status of your patent application.
A patented product reinforces the public opinion that your company is reputable.
Earns governmental validation of the novelty of your product.
Customers will choose to buy your product over your competitors.
When you are deciding on a Patent Law Firm or a Patent Agency, such as InventHelp, to represent your valuable Intellectual Property, make sure you choose a firm having strengths in all technical disciplines. Also, make sure your legal representative has strengths in drafting a formal patent application encompassing, not only the embodiments of your invention, but elements in which competitors could anticipate. This strategy prevents competing individuals or companies from being able to replicate your patented invention, resulting in these competitors having to license your technology.
Many patents are challenged in a court of law and also at the USPTO. Many Patent Attorneys and Registered Patent Agents lack skill with drafting enforceable patent applications that will endure detailed examination of the content and the defining of terms in the patent application as a whole during the course of a proceeding. InventHelp is skilled company in drafting patent applications that are focused to withstand litigation and patent proceedings.
Their patent services extend to patentability searches, preparing patent applications, patent prosecution, office action responses, executing assignments, drafting patent drawings, claims drafting, patent infringement analysis, and prototype development which are among the various acts requiring the knowledge of patent laws and rules along with the USPTO practices and procedures.
Get the professional representation your invention deserves with the full range of patent services. Schedule an appointment with Registered Patent Agent, today and protect your intellectual property.
Legal representation may not be required to file your patent, unless you are denied and the dispute goes on to the U.S. court system. The US Patent and Trademark Office (USPTO) is on hand to give you any technical help needed to file your patent. The USPTO also offers online access to patent records and application forms, making filing without a lawyer, though still complex, more practical for the inventor. Here’s a quick look at the steps necessary to get a patent:
First, you must explain the invention in detail. Document your invention efforts in a spiral-bound notebook. If possible, find a couple of people who are willing to sign as witnesses. These process notes will supply information required by the USPTO to confirm that you are the true inventor. The final description should contain information that plainly describes what you have produced as “new.” You may also have to to assemble and test the invention, depending on what it is. Your invention must be described correctly and in substantial detail in order for your patent request to be successful.
Next, you must confirm that your creation meets the criteria for patent protection. You cannot patent a theoretical idea. Your creation must fit into one of the categories outlined by the USPTO. You need to be able to demonstrate how your invention works. Your creation must be new, i.e., it must be different in some significant way from all prior inventions. It also cannot be on sale or be known about for more than a year before you file the patent application as explained in this article at https://azbigmedia.com/inventhelp-can-help-turn-your-invention-into-reality/.
You must also avoid the issue of joint patent ownership during the patent application process. Are there service providers, associates, or other people who work for you who may claim joint ownership of the invention? Before entering into any business arrangements, these people should be required to sign an agreement transferring any rights they may have in the invention to you. You should also get similar agreements from anyone who offers guidance, recommendations and other assistance; this includes coworkers, friends and industry specialists from whom you may be seeking advice.
Now it is time to perform a complete patent search. In order to obtain a patent, you must show that your invention is not already covered by someone else’s patent. Labeled “prior arts” in federal language, previous patents must be methodically studied. You need to explore all the prior developments in your field to confirm that your invention is new. Patent searching is a lengthy process and requires patience, so you could hire a patent agency, such as InventHelp, to help you in this step. Much of the research can be conducted online at the USPTO website. You may also want to visit a Patent and Trademark Depository Library in person to look for past patents and to obtain assistance from a librarian.
Finally, prepare and file your application with the Patent and Trademark Office. You can file a provisional patent application or a regular application on your invention. When you file a provisional application, you can claim ‘patent pending’ status for the invention. The provisional application requires a shorter application process and usually a lower cost. For a provisional application, all you need is a payment of $80, a full narrative of the invention showing how to create and use it, and an informal drawing. While the regular application is more extensive, it is required for full patent protection.
As you know, being a true innovator in your industry is the most important part of standing head and shoulders above your competition. However, you may also realize that the more value your ideas and innovations have, the more vulnerable they become to intellectual bandits seeking to profit from your hard work.
Therefore, when it comes to protecting your ideas, you need the best Patent Lawyer has to offer. This means someone who has the passion, the talent, the experience and the devotion to defend what is rightfully yours from those who would seek to make it their own.
However, when it comes to finding a seasoned Patent Lawyer or a patent agency, such as InventHelp, internet is full of them and you need to know how to narrow it down to the best one for your company needs. Here are a few things which you can look for which will ensure that you get one the best Patent Lawyer can offer you.
No matter how much talent or experience a professional has, true passion is not something which can be imitated. There is much that can be said about an attorney who has the drive and the devotion to fight your battles as if those battles were their own. In order to connect with the best Patent Lawyer can offer you, true conviction and dedication to their craft is of untold importance.
This will be apparent in their approach to examining your case or in their proactive endeavor to guard your ideas from “patent pirates”. It will be apparent in their willingness and ability to educate you and to make sure that you are well informed as to what steps are needed to protect your bottom line. It will be apparent in their sense of devotion to building a connection with you as their customer and making sure that you understand each aspect of protecting your intellectual property.
When it comes to finding a great Patent Lawyer, probably has many who have experience and expertise but they may not be well prepared for protecting your ideas in the global marketplace. Your best bet is to find the Patent Lawyer who has this kind of expertise and who can put it to work for you.
No matter where in the world you are doing business, you need to be able to protect your intellectual property from those who would seek to profit from it. Intellectual property thieves can be anywhere in the world, and they may be in places where the laws are not the same as where you are as was explained in https://blogs.ubc.ca/inventhelpreviews/ article. This means that finding the best Patent Lawyer has to offer requires someone with a global awareness of patent laws.
You may have struck a new innovation no one else has conceived of before with your invention It’s essential to follow through with protecting and bringing your idea to completion The legal features involved in publishing your work can be complicated and time consuming. A patent attorney may be able to save time determining if there is already an existing patent for a similar innovation. And if there isn’t, they can help you take the following step in patenting and shielding your work.
Three patent types are offered with the United States Patent and Trademark Office : utility patents, plant patents, and design patents. Patents largely take up to three years to process. If accepted, they are generally valid for 20 years for plant and utility patents, and 14 years for design patents, as was described in this article on https://newswatchtv.com/2019/02/11/getting-help-invention-inventhelp/.
Utility patents address machines or other functional objects and processes. Utility patents are very common, and are the patent most people apply for when patenting innovations. Design patents concern aesthetic designs. Plant patents apply to newly discovered plant varieties able to be reproducible sexually or asexually.
Considering the legal procedure in respect to patents is elaborate, patent attorneys could best explain how best to file a patent for your new innovation.
The complicated procedure of filing for a patent can take up to three years. Let patent attorneys worry about the more difficult features of intellectual property law and save your energy and time. A patent attorney could assist in determining whether or not your new innovation might infringe on another patent. Patent attorneys or patent agencies, such as InventHelp, could counsel you on filing for a patent and potentially diminish the odds for rejection by examiners. Spare yourself from time wasted caught up with the minutia of self-preparing your application and speak with patent attorneys.
Patent attorneys and agents act as legal counselors of companies. When an inventor submits his invention, the patent attorney gets to start his work. The patent attorney or the patent agency, such as InventHelp, reviews the invention and decides whether it is fit to be patented or not. It is his responsibility to evaluate if the invention is useful, unique, and relevant. Then based on his evaluation, he recommends to the client whether or not to submit a patent application for the invention. While evaluating the invention, the patent attorney needs to thoroughly investigate the technicality involved as well as previous similar patents, examine references and make a comparative analysis to discover any obvious differences.
The patent attorney gets to decide if it is suitable to apply for a patent or not based on his findings. So it is only when he has mounted a solid basis to support patent application will he file for patent at the USPTO. The application must include documents detailing the invention precisely, its usefulness together with the diagrams and illustrations, and definition of the rightful claims to the patent rights that may be awarded to the inventor. Once this application has been submitted, it is now in the hands of a patent examiner. The patent attorney keeps in contact with the examiner to discuss issues related to patent rights and claims and to negotiate for the best interest of his client.
In case where the examiner denies patent issuance based on his findings that a patent is not fit to be awarded for the invention, then the patent attorney will assist the applicant to appeal to the USPTO’s Board of Appeals. If the board also rejects the appeal, then the applicant may present his appeal to the US Court of Appeals for the Federal Circuit.
If the patent applicant wishes to file patent applications in other countries, the patent attorney will be assisting him too. This process widens the coverage of patent protection and will enable the applicant to market his invention in several countries or even worldwide. It is usually foreign agencies who handle the process that foreign patent applications entail. It is imperative then for patent attorneys to be experts in international law as it applies to patents and inventions worldwide.
The job of patent attorneys does not only entail patent receiving and licensing, but also giving legal advice to clients, representing their clients with regard to trade secret law, trademark law, and copyright law. They may further seek permission for their clients that enable them to employ intellectual property that is governed by others.