A patent is a set of rules and regulations which gives the owner the rights to prevent others from making, selling, distributing or importing without the permission of the owner. Patents are awarded by the government and are affected by national laws and international treaties. They can be awarded to investors, individuals, groups or corporations. As a patent is exclusive, it comes with several limitations. First of all, there are two types of patents, a provisional patent, which comes with an expiry date which is usually one year, the second kind is utility patents whose existence depend upon the negotiations between the authority and the value that comes with the product. There are a few things that must be kept in mind while filing for a patent because some unnecessary negligence on your part may make your patent process unfruitful.
Evaluate the eligibility of your idea
It is easy to obtain a patent if your idea is a machine, a process, a manufactured product or an improvement of any of the above things. A patent may also come in the form of a design like if a new car company decides to make its windshields in a leaf like manner and no other company has done it before, in that case you are destined to obtain that patent. Similarly, when Samsung first introduced its wireless charger, it got the product patented so that the technology may strengthen its position in the market through that novel idea. This brings me to say that the idea that you are applying patent for must be novel, useful and non-obvious. Natural phenomenon, abstract ideas and inventions that have no utility are not eligible to obtain a patent.
Determine the category your invention falls into
There are three types of categories for obtaining a patent and if your innovation does not fall into these categories, it may not be eligible to obtain a patent for that invention.
The first one is a utility patent, that is granted for innovations that have some kind of benefit to the society. The expiry date for utility patent usually lasts for up to 20 years from the date of filing.
In case your innovation is not a working item but just a design without any particular use. Design patent prevent others from copying the look and make your look unique. This kind of patent usually last up to 14 years.
You can apply for a plant patent if you have developed plant strains through scientific techniques. It can be of significant importance in the field of agriculture and help you produce crops with exclusive benefits that can reap rewards in future. They usually expire in 14 years.
Make sure your idea is unique and different from previous patents
The invention must be different from others in a significant way. Search through patents similar to yours and determine whether it is eligible to obtain a patent and whether it can add additional value to the already existing things. Don’t waste money and time developing something that may not do you any benefits. You may check it on the website of the state’s patent directory or search about it in journals similar to that category of product. The patent infringement should be below the maximum limit for the country in which you are applying for the patent.
Check all the above points and make sure you sort out all the problems before you go and apply for a fresh patent.
0コメント