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.
Companies value an intellectual property lawyer because he or she will protect all of their trademarks, logos, slogans, and more. These elements are important streams of revenue for companies and protecting them is essential to a company’s financial well-being as described in http://www.sfweekly.com/sponsored/why-inventors-turn-to-experts-like-inventhelp/ post.
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.
Any objections or applications have to be entered promptly. In a situation where there are two related patents, delay could lead to an accusation that the opposer has effectively ruled themselves out, and accepted that the new application is, in effect, valid as explained in https://www.reddit.com/r/TheBizHub/comments/an022v/inventhelp_client_invention_reviews/ post.
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.
Types of the governing patent laws:
Usually, the patent law is separated into two major categories of the laws one is national and other is international. In order to make the patent law more comprehensive the international law protects the patents from all across the globe as you can see from this https://blogs.ubc.ca/randomthoughts/2018/01/04/how-to-turn-your-ideas-into-an-invention/ article.
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.