A patent is an exclusive right to the inventor or idea creator to receive the sole right of using, selling, making or offering for sale of the invention. It is the legal procedure to protect the invention from being copied or imitated in written or any other form. Obtaining patent from the regulatory authority is a tedious process and requires huge paper submission and fees, and almost takes around one to two years to receive the right. There are two major steps in order to receive a patent, provisional and non-provisional application.
The first step starts with the filing a provisional patent application. It is also known as ‘patent pending’ and lasts for almost twelve months from the first day of application. The USPTO (United State Patent Trademark Office) requires the following elements while filing of the provisional application. First is the name or names of the inventors, inventors residence, title of invention, name and registration of attorney with correspondence address and any US government agency has a property interest in the application or disclosure of selling, public use etc. The second necessary requirements are the written description of the invention as per the demanded and drawing or diagrams necessary to understand the invention. The missing of any above data referred the application as incomplete. The application is likely to be rejected. The provisional period does not provide any benefits to the applicant, and during this period anyone can challenge their discovery or invention. As soon as, the provisional period ends then the applicant can file for the non-provisional application.
The second major step starts with the non-provisional patent application and its approval might grant exclusive right to the applicant. It is of three major types, utility, design and plant patent. The utility patent designated the sole right of using the product. The design patent grants legal protection for the legal design of the functional item. The ‘design patent’ prohibits any infringement against copying the physical appearance of the product. The recent conflict between the Apple and Samsung was on design patent. The ‘plant patent’ or ‘plant breeder’s right’ (PBR) or ‘plant variety right'(PVR) is the right granted to new breeder of the plant such as seeds, tissue culture, flowers fruits etc. Only the novel, distinct and stable variety can qualify for PVR. The provisional application requires following details, Transmittal letter, appropriate fees, specification with one claim, drawing, executed declaration, and other necessary paper submission demanded by the regulatory authority.
The UPTO revise the claim and verify it with another before granting the sole right. If you have to file for international patent then the procedure is little more meticulous and long. It needs an expert, who can understand the technical details of the regulations. Therefore, it is always advisable to contact the professional and experienced patent lawyer. Some of the professional advisors have their online portfolio and you can browse their website to get an idea about their services. It might help you the select the best advisor for successful patent application.
By ArtsyBee from Pixabay