Patent

What Are The Essential Steps To Take Before Filing A Patent Application?

calendar20 Apr, 2023
timeReading Time: 4 Minutes
What Are The Essential Steps To Take Before Filing A Patent Application?

Patents are the most significant intellectual property type for companies specializing in life science or medical technology (IP). The value and creativeness of small firms are dependent on patents. In contrast to other types of intellectual property protection, patents demand complete innovation. This implies that before you filed for a patent, no one could have created, published, or otherwise made your innovation. Scroll down to check some essential steps to take before filing a Patent Application.

What Is A Patent?

A patent is a governmental legal protection that provides an inventor or assignee with the only authority to bar others from producing, using, or commercializing their invention for a certain amount of time. Patents are essential for encouraging innovation and advancing numerous sectors of the economy, including technology, medicine, and manufacturing. Patents promote investment in R&D, fostering innovation and economic progress by giving inventors legal rights over their works of art. The value of patents resides in their capacity to safeguard an inventor’s intellectual property, give rise to a competitive advantage for their invention or product, and guarantee that they are credited and paid for their creation.

Take Advice from the Patent Attorney

The success of your application for a patent can depend on your decision to seek the counsel of a patent attorney. Patent attorneys are licensed lawyers focusing on intellectual property law and have a comprehensive knowledge of the patenting procedure. A patent application can be expensive, and making any mistake can be expensive. By working with a patent attorney, you can avoid typical errors like submitting an incomplete application, missing deadlines, or failing to sufficiently explain your innovation.

Why Is It Essential To Ensure That Filing A Patent Application Is Correct Or Not?

A patent application is a legal document that grants an inventor temporary exclusivity over their invention. To prevent someone else from stealing or copying an inventor’s invention, it is critical to make sure that a patent application is submitted properly. Also, a correctly submitted patent application can help secure partnerships and funding, laying the groundwork for a prosperous company endeavor.

With the assistance of a patent attorney, it can be easier to manage the complicated legal processes involved in filing a patent application. Incorrect filing can result in the rejection of a patent application or the invalidation of a patent that has already been issued, leaving the inventor defenseless. Furthermore, mistakes in filling might result in legal challenges and costly litigation, which can be harmful to a start-up[1] or small firm.

Also, there is a deadline for submitting a patent application. Even if the subsequent filer really came up with the concept first, the first inventor to submit a patent application is given precedence over subsequent ones. This implies that in order to protect their ownership of their innovation, inventors must take prompt action and make sure their patent applications are correctly submitted.

  • Only Disclose Your Invention After Required

Novelty is one of the most important, if not the most important, need for any invention to be patented. If an innovation hasn’t been disclosed, it is regarded as novel or new. If an invention is known beforehand by publishing, use, or public knowledge, its uniqueness is lost. Hence, before releasing, selling, or exposing the innovation in any way (through the media, lectures by academics, employees, or students, exhibitions or technical fairs, or online posting), it is essential to submit a patent application to the Patent Office. The likelihood of receiving a grant for your patent application is very low when Novelty is eliminated.

  • Checking Whether the Patent Is Eligible To Register

A critical stage in submitting a patent application is determining patent eligibility. If an innovation satisfies the legal conditions for patent protection, it is considered patent eligible. Generally speaking, an invention must be innovative, non-obvious, and beneficial in order to be considered patentable Novelty is the first requirement for patent eligibility. If an innovation is brand-new and has yet to be revealed to the public or otherwise made available, it is said to be novel. The second criterion for patent eligibility is non-obviousness. The third criterion for patent eligibility is usefulness. An invention must have a practical application and provide some benefit to society.

  • Conducting a Prior Art Search

Conducting a prior art search is an essential step in the process of filing a patent application. Prior art refers to any information that has been made publicly available before the filling of the patent application, such as publications, patents, and other types of documentation. The purpose of conducting a prior art search is to identify any existing inventions that are similar to the one being considered for patent protection. There are several methods for conducting a prior art search, including online databases, patent attorneys, and patent search firms. It’s essential to choose a method that is thorough and comprehensive, and that takes into account all relevant types of the prior art.

  • Patent Application Drafting 

Preparing and drafting a patent application is a crucial step in securing protection for your invention. It requires careful attention to detail and an understanding of the legal requirements for patentability. After finishing your research and development, you must create an application. You can fill out Form 1 for this. A patent specification must be submitted after every application. If you do this, you must complete Form 2. You must submit the full or preliminary specification using Form 2, depending on whether it is finished or only half finished. You have a year to finish the innovation and submit the corporate application if you submit a provisional application. Together with your application, a patent draft must be filed and submitted. The patent office will consider this vital document while determining whether to give your innovation a patent.

  • Filing Of the Patent Application

Filing a patent application can be a complex and lengthy process, but it’s a crucial step in protecting your invention and securing exclusive rights to its use and commercialization. However, before submitting a patent application, there are several essential steps you need to take to ensure that the application is filed correctly and to maximize your chances of success.

Conclusion 

As a result, filing a patent application is an essential first step in guaranteeing your invention’s legal protection and possible financial rewards. But before submitting a patent application, it’s crucial to carry out a careful patent search, decide whether your invention qualifies for patent protection, look for relevant previous art, and create a proper patent application with the help of a patent attorney. You may improve your chances of successfully acquiring a patent and safeguarding your intellectual property by adhering to these guidelines. In order to secure your idea and guarantee that it can bring you the success you deserve, take the patent application procedure seriously.

Read Our Article: Detailed Process Of Patent Registration In India

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