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 view source: https://bit.ly/33pnkN7
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