Planning to File a Patent Application? Don’t Miss on These 5 Points

BlogIndustrial DesignIntellectual Property RightsPatent    October 24, 2019
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Amongst many different things inventors need to do to succeed, applying for a patent is the most vital one. Sadly, most of them often either ignore or delay carrying out this significant task for a variety of reasons, like lack of knowledge regarding the law, insufficient budget, etc. Undoubtedly, waiting to File a Patent Application isn’t a bad idea, but it as a whole can raise a lot of risks. It may sometimes make you face losses due to violation of your invention. Sometimes, it can forever foreclose the option to obtain patent protection. Hence, in the present age where competition is remarkably high, filing a patent application is significant. However, what’s more important – the five points that you must consider while applying for the patent to reap the best possible profits.

How to File a Patent Application Effectively?

  1. Understand ‘what, why, etc.’: Most individuals and companies view patent filing as just a task, and thus, apply for a patent without thinking much and in the flow with other jobs related to their business. However, as it is a matter associated with the protection of your unique invention, you should always take it seriously and be cautious about the Patent Process. Understand how to file a patent application, what role does a patent play, how can it benefit you, and more importantly, why do you want to get a patent. Several reasons that showcase merits revolving around patenting your asset could make you do this. For example – a granted patent serves you with Intellectual Property Rights (IPRs) to keep infringers who may infringe on your ideas at bay. It can create goodwill that boosts up your company’s reputation and inventors’ prestige. Furthermore, your application, whether approved or not, works as a public prior art document prohibiting others from applying for a patent for a thing similar to yours.
  2. Select the Correct Approach: Now, when you have decided to file a patent application by having any of the advantages in your mind, it’s the time to opt for a suitable approach. Out of several methods like filing the Provisional Patent Application, non-provisional patent application, international patent application, or Design Patent application, you can opt for any as per your needs. Although you can easily make this straightforward decision by recognizing your requisites, gathering information about each method will undoubtedly be worthwhile.
  3. Find Attorney With Deep Knowledge Regarding the Subject Area: No matter whether you are applying for the first or second time, an experienced Patent Attorney plays a remarkable role in the complete patent process. He/ she will help you in establishing a final application, which involves no mistakes and holds all the required details that would prevent your request from being rejected by the patent office. Nevertheless, the lawyer is a human being after all who can’t read minds, and plausibly need your aid to explain things in the patent application adequately. So, don’t leave everything on him/her, instead ask your inventors to invest some of their valuable time helping him/her. Tell the attorney which part of your invention is ‘inventive’ as per your perspective, what features differentiate it from the assets already existing in the market. Moreover, make sure that he/she will prepare the final application emphasizing your disclosure as it would make the process easier and things go right.
  4. Expect Things Could Go Wrong: Even if you have partnered with the best IP Attorney in the country, there is no guarantee that everything will go right, or we can say as you expect. As discussed earlier, as a human being, your attorney can also make mistakes, or forget including anything crucial in your application. Hence, you should always submit the final application after reviewing everything to ensure accuracy and completeness. Check that nothing necessary is missing, and the description describing your invention is understandable, clear, and well-formatted. Besides, make sure that the language used in the application gives out a sense of politeness.
  5. Get Aware of the Timings and Deadlines: According to the US Patent Law, filing the patent application before uncovering the invention in front of anyone is the time that will be in your best interest. Moreover, for prioritizing your application at the USPTO, there is a need to request it on the same day when you will apply. No privilege can make it possible later. When it comes to foreign and PCT patent applications, you have to file them within some months of the initial US patent application. As your attorney can explain the laws and privileges therein more precisely, it is better to stay in touch and ask everything without any hesitation.

Wrapping Up:

In the end, obtaining a patent is though a bit painful yet incredibly rewarding. Therefore, if you are having something new and unique in your treasure, don’t be afraid of taking a little pain in getting Patent Protection for the same. Note that if granted, the patent will bestow you with lots of benefits that would fade away all your pain. For more visit: 

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