Life Cycle Of A Patent

Patenting your invention prevents other people

, your competitors, from producing, utilizing, selling or offering to sell the patented item/method within the boundaries of the country, or import it into the country. As the patent owner, you can dispose of your invention by selling the patent, patent right entirely or partially, as well as license the use of it.

Patenting Process: The process begins with the filing of a patent application and ends with the rejection or issuance of a granted patent. The process starts as soon as an idea is conceived.

Conception of an Idea: The first thing to remember is that one cannot patent an idea. The idea or concept needs to be put together as an invention. The idea and invention together form what the law calls conception. The conception date is important since it can be utilized to argue against prior art cited by the US Patent and Trademark Office (USPTO).

If two or more patent applicants file separate patent applications at the Patent Office for the same invention, the Patent Office conducts what is called interference. The conception date is important when interference is initiated to prove which inventor was the first to create the invention. Interference is basically a mini-trial to determine which inventor invented first and is thus entitled to the patent. Like trials in court, evidence is what wins the day. Detailed records are evidence that the inventor was diligent in developing the invention. One need not have a prototype built in order to get a patent, but should be able to describe the invention with enough clarity so that someone who is technically skilled in the art can understand how to make and use the invention.

After conception of an idea and diligently recording it one should move further trying to finalize the invention. This process is called as reduction to practice. Reduction to practice, therefore, can occur through the creation of a prototype or the specific definition of the invention in writing in a filled patent application.

First to Invent and First to File:
U.S. patent law stands apart from the rest of the world: it alone adheres to a first-to-invent system, which allows an inventor to assert first-inventor rights and claim priority back to the date when the invention was first conceived. Thus, in a priority contest between competing inventors, the inventors dates of conception and reduction-to-practice take precedence over their application filing dates. Almost every other country in the world has a patent system based on the "First-to-File" doctrine, in which the patent is granted to the inventor who is the first to file a patent application, regardless of the date of invention.

Patentability (Novelty or prior art) Search (Optional): Patentability searches are performed before applying for a patent to assure an invention is patentable. A patentability search examines granted and published applications of major patent offices as well as domain-relevant non-patent literature. A Patentability Search answers the following questions:

Is my idea or invention novel?

Has it been patented earlier or given the scope of patentability, is it worth the cost of filing a patent?

Is it worth the effort and expense to fully develop and market your concept?

Patent Drafting and Filing the patent application

Filing a Provisional Patent Application: After the patent search stage if the applicant decides to move forward then applicant can either file a provisional or a non-provisional patent application. In situations where all the details of the invention are not available, applicant can consider filing a provisional patent application. The provisional patent application may include the basic idea of the invention. It is not required to provide the patent application according to the Patent Office patent application guidelines.

by: EffectualServices

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