Sunday 19 May 2024

Patent Process Mechanism Involves A Lawyer and The Government Body

Patent Process Mechanism Involves A Lawyer and The Government Body

Patent application goes beyond technical disclosure, so it needs to be sketched by a professional, who is well-versed in patent laws and processes. The validity and scope of your patent gets affected by the wordings. Once the patent is filed, there is no scope for editing or changes. The claims can only be adjusted on the basis of original disclosure.

Filing your patent in the right manner helps to protect your valuable invention otherwise you can lose the benefits.

Kinds of Patent Applications

  • Provisional – Lasts for one year
  • Non-provisional – 20 years from filing date
  • Foreign – Life of approved foreign patent differs from one country to another
  • Design – Generally used for 15 years

All the patent application types differ in their own way. Professional patent litigation lawyers can help you to get the right one.

Patent Process Mechanism

  1. Involves lawyer

Patentability Search

Lawyers need to be certain on how close they can get your invention. They conduct a search on the comprehensive database of the US patents issued and still pending to be approved.

In addition, the foreign database including applications from major industrialized nations is also researched thoroughly. Google is also employed as a source of search.

Detailed Report gets Created

The patent lawyer firm will deliver a search report in detail, which includes where and how they searched. What was discovered and offer relevant reference copies for clients to review.

Discuss about findings

In-depth consultation related to search results is discussed. You get an idea about how broadly to protect your creation on the basis of the search results. Actually, patent cannot cover more that what is mentioned in the prior art.

Ultimately, an action plan gets created and the inventor’s invention is defined as wide as possible but not wider than the prior art found.

If the invention is a replica then the prior art is used to sketch an enhanced creation, so the end result is different than the original invention found.

Looking at all the prior art allows the lawyers to identify possibilities and they help the client to adjust the inventions. Thus, a patent application will be sketched on the new patentable invention.

Preparing Patent Application

After getting information from the client’s, lawyers draft patent application. It includes an invention background, details, abstract, summary, field, title and in cases of drawings a brief description.

Application Filing

Once the client approves the draft, filing papers are filled, Government fee is paid and application papers get filed.

  1. Includes Government Body – USPTO

Checking of patent application can take a couple of years. It depends on the number of applications ahead of you.

  1. Prior Art – If examiner cannot find Prior Art references then recommends your invention as claimed, mentions your priority date, and issues allowance notice. Now, you pay the issue fee.
  1. Office Action – If examiner detects Prior Art, then a rejection (Office action) along with reasons is issued. Your lawyer will argue the differences by adjusting claims and making the differences clearer. The examiner may issue another Office Action, if new references are detected but will approve if there are none.

Patent application filing is a worthy investment because it prevents competitors seeking license to practice your invention.