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There are many firms that advertise themselves as offering intellectual property services and people who advertise themselves as patent litigation attorneys. But what does that really mean? What services are these firms actually authorized to offer? Depending on a person’s credentials, the intellectual property services he or she is authorized to offer may be limited.

Be sure that you understand the legal services that your legal professional is authorized to provide.

What Do You Get When You Hire a Patent Attorney?

In the field of intellectual property, there are generally three types of professionals: U.S. registered patent attorneys, patent agents and intellectual property attorneys as stated on https://midhudsonnews.com/2020/05/10/how-does-inventhelp-support-new-inventors/.

U.S. Registered Patent Attorneys

The U.S. Registered Patent Attorneys have earned this distinction by passing The Bar Exam as well as a federal bar exam administered by the United States Patent and Trademark Office (USPTO). U.S. registered patent attorneys are able to prepare, file patent applications as well as provide all of the other legal services necessary to protect your intellectual property rights, including obtaining trademarks and/or copyrights, negotiating licenses, litigating infringement matters or anything else attorneys are able to do.

Patent Agents

Patent agents are not attorneys. They are individuals who have been authorized by the USPTO to prepare, file and prosecute patent applications. They are not authorized to provide any legal services, such as obtaining trademarks and/or copyrights, negotiating licenses, litigating infringement matters or anything else attorneys are able to do as you can read on https://vocal.media/journal/innovating-as-a-small-business.

Intellectual Property Attorneys

Unless your intellectual property attorney is registered by the USPTO, he or she is not allowed to have any role in the preparation, filing or prosecution of your patent application. Intellectual property attorneys can, however, provide legal services in other areas of intellectual property, including obtaining trademarks and/or copyrights, negotiating licenses, litigating infringement matters or anything else attorneys are able to do.

The subject matter of a patent may be a technical solution of a structure, equipment, such as all or part of a product, a composition, a composition of materials, and a process, such as all or part of a technological process, or its application.

When creating new technical solutions within the scope of a patent, before any publication (publication in a professional journal, presentation at an exhibition, etc.) or before the product is placed on the market, creators, inventors, investors must decide whether to leave the solution in the public domain (everyone else use the solution) or want to secure their rights, ie. they want to use the solution exclusively (manufacture, sale, licensing, sale of the invention and / or patent) as seen on https://www.glassdoor.com/Reviews/InventHelp-Reviews-E152162.htm.

In the latter case, the patenting procedure must be initiated before the date of any publication or publication, ie the patent application must be filed with the competent Office. Any right so invoked or invoked at a later date may be invoked with reference to the priority thus established. Attention: Your own publication or marketing before the announcement is also novelty!

The first step in obtaining a patent is to file a patent application, the filing of which has a priority right. The examination of the application takes place during the patent licensing procedure, which consists of a formal examination of the application and a substantive examination of the subject matter of the application.

The patent application and the search for novelty will be published 18 months after the filing, after which the substantive examination must be requested. The procedure ends if the subject of the application meets the requirements for patentability as explained in https://blogs.cornell.edu/react/inventhelp-taking-inventions-from-paper-to-the-global-marketplace-hinges-on-usp/ article. Publication shall give rise to temporary protection with retroactive effect to the date of notification, which shall become final upon grant.

A patent gives you exclusive rights to use the invention commercially, in sales and manufacturing for instance. The exclusive rights remain in force for twenty years. Anyone who uses the invention without permission is infringing upon the patent and can be sued in court by the patentee.

To be granted a patent, your invention must meet certain requirements, i.e., be patentable.

To be patentable, an invention must:

• Be capable of industrial application
• Be new
• Involve an inventive step

Capable of industrial application

To be capable of industrial application, the invention must be of a technical nature, have technical effect and be reproducible. “Of a technical nature” means that the invention must be something tangible, such as an object or a method of manufacturing something. It cannot be purely a discovery or theory. Artistic creations or medical treatments cannot be patented either as explained on https://kulturehub.com/inventhelp-support-inventors/.

To be considered as having technical effect, the invention must work technically and solve a problem in a technical way. The effect itself does not have to be new or better than existing solutions.

That the invention must be “reproducible” means that you must get the same technical result every time you use the invention.

Novelty

That the invention must be new means that it cannot be known before you file your patent application. It does not matter how or where in the world it has become known. Note that the invention is considered to have been previously disclosed even if you are the one who has used or published it.

Inventiveness

The invention must be novel and involve an inventive step, meaning that it must differ significantly from what is already known. The same invention should not be obvious to a person skilled in the art. This means that you cannot always get a patent by combining known methods or objects in a new way. Get the latest news about patenting from https://twitter.com/inventhelp.

There are various methods of protecting Intellectual Property Rights (IPR). The major methods of protecting IPR include the following:

Patents – these protect the inventions from being plagiarized as explained in details on https://www.techtimes.com/articles/249715/20200518/how-inventhelp-gets-new-inventors-onto-the-right-path.htm.

Utility Patents protect the new and useful functions, machines, manufacture, products, processes, and compositions of an invention or any subsequent new and useful improvement. Design Patents protect the cosmetic appearance of an invention, such as the new, original and ornamental design for an article of manufacture.

Copyrights: these protect the manner in which an idea has been originally expressed. The expression of idea covered by a copyright may be in the form of a literary work, musical, theatrical work, etc.

Trademarks: these protect the identity of the source of a product or service. The source of origin covered under Trademark may be a brand, logo, signal etc. which distinguishes the source of origin of one product or service from another. For more information about patents and patenting visit https://www.valuewalk.com/2020/05/medical-invention-covid-19/.

Anyone can come up with an idea for a new product, machine or creative design. Creative individuals are constantly thinking about new ways to see products, show products or use products. Those with an entrepreneurial spirit will often think of patenting an idea or invention in which they feel confident.

It is important for these inventors to ask themselves whether or not their idea is patentable. Knowing whether or not the idea is patentable can help to save individuals time, money and effort.

There are three basic categories to that an idea needs to fall under. Ideas that are new, ideas that work and ideas that drastically change an existing product are all patentable as described on this channel – https://www.youtube.com/user/inventhelp.

An idea is described as “new” when it is something that has not been patented before. There are plenty of products in the marketplace that have not been patented. Those who decide to work for a patent for that product can still claim that the product is “new.”

An idea or product is also considered patentable if it works. Any invention or idea needs to be feasible and needs to work. Ideas that cannot work or do not work cannot receive a patent. This is an important piece of information to understand about patents.

Those who only have a general idea as to how something will work cannot file for that patent because they cannot explain how the idea or product works. This prevents businesses from patenting ideas or products that have not yet been researched or created.

The final category to define an idea as patentable revolves around change. Those who have created a drastic change to an existing product may file a patent for that change. These changes must be large and drastic; simple changes in shape, color or size cannot be patented. The changes must completely change how the product or system works or operates as seen in https://www.tmcnet.com/topics/articles/2020/03/24/444881-everything-need-know-inventhelp.htm article.

All inventors should take the time to compare their various ideas to these categories. Ideas that are not new, do not work or do not change a former patent enough will stand out as unpatentable.

There are a lot of discrepancies as to when you should file a patent. Some people believe that they should invest in a patent as soon as they have a working idea for an invention. Others will wait until they have approached investors to get the patent process started. Finding the right timing for filing is an important step in the invention process since it provides you with the best opportunity to protect your idea. Too soon and you could be wasting your money while filing too late can cost you the invention itself as shown in https://www.jpost.com/Special-Content/Get-Your-Invention-Off-the-Ground-with-the-Support-of-InventHelp-624132 post.

One of the most important considerations for filing a patent is the marketability of the product. If the invention has gotten to a stage where it is now able to be sold or at least has been shown to be something that people or businesses will buy, then you want to get your patent in place. Many people make the mistake of rushing into the patent process because they believe they need to protect their invention. This is true, but you can only protect an invention that people will buy.

The real downfall of getting your patent too early is the cost. If you go through the patent process several times because your product has changed considerably each time, you will find yourself facing expensive bills that do not pay off. Rather, work out as much of the fine print and changes as possible, using legal devices like confidentiality agreements to protect your product.

In order for an invention to be marketable, it has to b something that people will purchase. It has to have sales potential. If you have not determined that your invention is promotable, you could put a lot of money and time into the patent process only to find out that you have wasted your investment. No matter how unique your product is, if not one will purchase it, you will not make any money from it.

Additionally, the product needs to be cost effective to make and produce on the scale it needs to be. For example, are the material and labor costs so high that the price of the product needs to be higher than the price point that people will pay for it? If so, you could again be wasting your money in the patent. Instead of making this mistake, be sure that the inventions costs are in line for profit potential.

Knowing when to file a patent can be difficult in any situation. A good route to take, then, is to insure that you work with a patent attorney whenever it is possible to do so. This will allow you to create a timeline to get your patent and you will have the expert advice of the attorney to help you make the right decisions as you can see from https://spacecoastdaily.com/2020/03/inventhelp-the-way-forward-for-new-inventors/ article. From focus groups to cost cutting with your suppliers, these steps need to be taken prior to investing your time and your money into the patent process. It will enhance your product better if you do get the patent at the right time.