There are millions of creative ideas that people come across every day. It is important to get it registered to let the world know that it’s you who introduced it. It is through Patent that you can get your work recognized and registered.
In the US, it is The United States Patent and Trademark Office (USPTO) where all the patents are registered. Registration in USPTO involves the below mentioned procedure:
It all starts with an idea generation. Intellectual property rights is nothing but protecting a unique idea from being infringed.
- Research: To figure out if it already exist
Your idea/invention must be really unique and not known to the world unless you file your patent application. You will be really amazed to find how many inventions and ideas have been registered so far. Most Patent application fails because similar ideas already have been registered. So, an extensive search through published patents is needed before applying. Firstly, you can do an internet search followed by a database search on the published patents. You can also approach an intellectual property lawyers who can carry out search on your behalf.
- Confidentiality & Secrecy
One common mistake which most inventors do is they reveal their invention before being registered. Once leaked, there is every possibility that you may fail to get it patented.
So, you should sign a confidentiality agreement with anyone whom you have shared your ideas. A solicitor can prepare such agreement for you.
- Seeking professional advice
It is not guaranteed that getting an idea/product patented will fetch good returns. So, it is recommend to take professional advice from an attorney before deciding to proceed.
- Filing with the IPO
Your attorney will file a patent application which may include the below items:
- A detailed description of your invention: how it works and how it is made
- Drawings: to demonstrate the description
- Claim: A specific legal statements in single sentences specifying your invention with its distinctive technicalities
- An abstract: Containing all technical aspects of your invention
Your attorney will file with an IPO you r patent Application along with Form 1 ‘Request for grant of a patent’. If you are not the inventor, you also need to file Form 7 ‘Statement of right to grant of a patent’ and also cite reason as why you should have the Patent right. The IPO in return issues a filing receipt citing an application number and filing date confirmation.
- Search for similar patent
Your attorney will file Form 9A with IPO asking for a search on similar patent if any. Application fee need to be paid while applying. After that a preliminary examination will be carried out to ensure that your application meets the requirements. The search will include published patents and other documents pertaining to the subject. Followed by a search report specifying the results.
- First publication
The IPO will issue patent application within 18 months from your filing date.
If you apply without an attorney’s help, your application details will appear on their records as well as on the publication.
If your application has all the prerequisite as per Patent Act of 1977, Patent right is granted to you by IPO, followed by publish your application along with issuance of a certificate.
- Once the patent is granted
Once the patent is granted, you have legal right over the idea/product. If you see any duplication, you can always take appropriate legal action against the alleged infringer.
Thus, this is how the patent process works. Once the patent is granted, you need to pay the renewal fees annually to keep your patent active.