Patents for Inventions
When you desire patents for inventions it is understood that
one needs to undergo several stages before finally acquiring
the much coveted patent. The law recognizes five "rights"
periods in the life of patents for inventions. These five
periods one undergoes in acquiring patents for inventions
are:
- Invention conceived but not
yet documented. This is the phase in applying patents for
inventions when an inventor conceives an invention, but
has not yet made any written, signed, dated, and witnessed
record of it.
- Invention documented but patent
application not yet filed. After making a proper, signed,
dated, and witnessed documentation of in applying patents
for inventions the inventor has valuable rights against
any inventor who later conceives the same invention and
applies for a patent. This phase enables the inventor the
legal right to sue and recover damages against anyone who
immorally learns of the invention (for example, through
industrial spying).
- Patent pending (patent application
filed but not yet issued). During the patents for inventions
pending period, including the one-year period after a provisional
patent application is filed the inventor can sue and recover
damages against anyone who uses the invention.
- In-force patent (patent issued
but hasn't yet expired). After the patent issues, the owner
of the patents for inventions can bring and maintain a lawsuit
for patent infringement against anyone who makes, uses,
or sells the invention without permission.
- Patent expired. After the
patent expires, the owner of patents for inventions has
no further rights. An expired patent remains a valid "prior-art
reference" forever.
The process of drafting and filing
patents for inventions application is known as ‘patent prosecution’.
Although you can prosecute patents for inventions without
an attorney, it’s a good idea to retain an experienced patent
attorney to obtain a patent. The attorney should draft patent
claims that describe the patent in terms that are as broad
as possible. But if the claims are too broad, the patent office
will most likely reject the application on the grounds that
the invention does not meet one or more of the statutory requirements
(like, novelty, non-obviousness).
Although each country has its
own patent laws, if you are seeking international patents
for inventions protection you should also be aware of the
Paris Convention and the Patent Co-operation Treaty. Approximately
110 countries adhere to the Paris Convention, under which
if you file for patents for invention in one member nation,
you will receive the benefit of that date of filing in all
member nations.
You may also file application
for patents for inventions under the Patent Co-operation Treaty,
adhered to by approximately 88 nations, effectively allowing
you to wait up to 20 months before filing in any other member
nation.
You can also file application for patents for inventions with
the EPO (European Patent Office), which can lead to patent
coverage in all European countries that belong to the European
Patent Convention.
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