Hiring the Right Professional for Your Needs

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 patent licensing procedure

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.

You Can’t Always Get a Patent

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.

What are the various methods of securing Intellectual Property Rights (IPR)

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/.

Is the idea possible for patenting?

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.

Know When To File A Patent

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.

Do you really want a patent?

Independent inventors and small businesses have helped this country take great strides in innovation. Everyone knows a story about one or two inventors who designed world changing technologies in their garage. Amazon, Apple, and Google were supposedly born in garages. The garage genesis story runs deep in American folklore. And every so often, I get the opportunity to meet an independent inventor with their own “garage” who has a great idea and wants to protect it.

A patent provides a right to exclude others from making and using an invention in exchange for instructions on how the invention is made and used. More specifically, a patent offers an inventor the right to exclude others from making, offering to sell, selling, or using a composition of matter, process, manufacture, or machine that falls within the scope of the claimed invention in the patent. Effectively, a patentee can tell people to get off his or her lawn.

A patent can be a valuable tool for an inventor seeking to bring a new invention to market. For small businesses and independent inventors, bringing an invention to market may require seeking out investors or possible licensees who can provide the capital and/or equipment to effectively monetize the invention. Without a patent (or at least a provisional patent or patent application), openly discussing the invention with others could prove fatal to a growing business. But patents are not always easy to come by as discussed on https://openlab.citytech.cuny.edu/gotconcept/elon-musks-greatest-inventions/.

Patent prosecution (i.e., the process by which a patent is attained) can be expensive. The total costs for prosecuting a patent application, from start to finish, can range in the tens of thousands of dollars.

Inventors need to look beyond merely receiving a patent. Inventors need a plan for harnessing and monetizing their inventions before they have a patent application prepared and filed.

Inventors should begin the patent process by developing a business plan. Preferably, a plan should include at least a description of the market for the invention, an explanation of funding for patent prosecution costs, and a proposal for monetization of the patented goods. Assuming a market exists, how will the patented goods reach the market?

By developing a business plan, an inventor can determine if patent protection is a sound business decision. Perhaps the inventor does not have the capital to invest in patent prosecution. Perhaps, regardless of the patentability of the invention, no market exists for the resulting patented products. A savvy inventor should consider these issues before filing a patent application as explained in https://blog.chron.com/frugalconfessions/2020/03/how-much-can-you-make-from-patenting-your-idea/ post.

A patent can be a valuable asset. However, inventors should stop and consider whether a patent is a sound business decision before filing a patent application.

Power of the patent

A patent agent is a person who has passed the patent bar administered by the USPTO, whereas, a patent attorney is a person who has passed the patent bar and the state bar in the state in which the person practices law. Both the patent agency, such as InventHelp, and patent attorney are able to file a patent application on your behalf with the USPTO, but the patent attorney may additionally provide you legal advice in relation to issues related to copyrights and trademarks. If you would like to merely file a patent application, then you may be able to accomplish your goals with a patent agent. But most importantly, be comfortable with your decision in retaining either a patent agent or patent attorney.

The bottom line is, no one can promise you that your idea will become a patent, or that it is guaranteed to be patentable.

A good patent agent or attorney can help you present your invention to the patent office for a patent. A patent agent or attorney will also advise you that filing a patent application is no guarantee that the patent office will issue a patent. And that if you are not familiar with what has been patented in your area of expertise that a patent search might be in order as described on https://southfloridareporter.com/how-inventhelp-can-assist-with-new-invention-ideas/.

But being a patent agent or attorney does not make you a marketing person, in general they can’t tell you whether an invention is valuable or help you market it. As an attorney, a patent attorney may be able to help you license the technology or assign the patent, but not promote it. A patent agent is only licensed before the US Patent Office, so he or she can’t help you with licensing.

Extended Patent Protection

There are of course some categories of the inventions that are either in part or wholly excluded from the protection that a patent offers. In many of the countries involved, this will extend to the conventional copyrighted works or mostly any other type of aesthetic creations. This extends to the scheme, rule or method of how you can play a game or do business.

It also extends to a methodical theory or math method. There are other exclusions too, such as the way information is presented, or a PC application or medical treatment methods. There are of course times that certain group can be directly or not directly protected by the actual monopolizing of the advancements and technology that are required for them as explained in https://www.canyon-news.com/how-inventhelp-can-assist-you-as-a-new-inventor/106365 article.

For How Long Will The Patent Actually Be Able To Protect Me?

There are various temporary applications that are available in USA and several other nations too, such as the Australia and the United Kingdom. This will provide the patent holder with temporary protection for up to twelve months that subscribe to the Paris Convention. There are about 154 countries all in all that subscribes to the Paris convention.

Following this, a fully completed application can be lodged in selected nations before the previous 12 month expiry date falls. This will in general provide the patent holder with up to 20 years’ protection from the actual commencement that the filing of the application takes place. It is completely renewable normally in its fourth year in all of the respective countries.

There does seem to be a trend among most Americans to rather obtain their patent rights in the foreign countries by actually inflowing to the PCT, which stands for the Patent cooperation treaty, a system which is explained in greater detail on https://www.econotimes.com/How-You-Can-Benefit-from-Turning-to-the-InventHelp-Experts-1577312.

Conditions for Obtaining a Patent (Novelty and Non- Obviousness)

The conditions for obtaining a patent are well laid out in the patent law of a given country or state. Patent laws even though unique for each country or region, basically govern similar aspects when it comes to the application, consideration and granting of a patent for a claimed invention. All in all patent laws typically require that:

The invention whether a product, methodology of doing something or simply a business idea, be of a subject matter eligible for the privileges of a patent protection. For instance for some theorems, business methods or computer programs, they cannot be granted a patent in US or Canada simply because they lack a physical embodiment, or a tangible result from the provided process and hence lack the subject matter for patenting.

The subject under consideration for a patent must be, at the very least, a novelty subject, with clear signs and aspects of a fresh intentional ingenuity never seen before as stated in https://www.macobserver.com/why-turn-to-inventhelp-with-your-tech-invention-idea/.

For the invention to be granted a patent there has to be a clear inventive process which is non-obvious to any skilled person. This is to say that, having looked at the problem being addressed by the invention, such a person could not or would not have by themselves thought of the claimed invention or seen the steps towards such an invention.

Last of all, the invention be of some valid use in one aspect or another, or the invention be predisposed to an industrial application in one field or another.

These conditions are normally the basis for initial patent considerations, even though other conditions have to be strictly met even if the above conditions are all present for someone to obtain a patent right for his or her creation.

The conditions above are merely substantive and formal conditions like the sufficient disclosure of all aspects of the invention, best mode requirement in the process or, the unity in the process of invention, normally have the last word on whether a patent will be granted or not. All patent applications are subjected to official examinations by patent examiners who check on the conditions aforementioned among others depending on the jurisdiction they are in.

Before filling an application for a patent, an inventor can get opinions from patent agencies, like InventHelp, and attorneys to establish the patentability of his or her invention with regards to conditions for obtaining a patent that have been stipulated.