Few people content that the importance of patents, especially those for Intellectual property Rights, is no longer necessary, while others believe that Patent Application is just a way to constrain innovation by large organizations that have the finances to file patents. It is essential to know the importance of Patent filing and what factors are considered for making an application. A Patent provides an exclusive right that could restrict others from using or infringing on the patent holder’s rights. In this blog, we will pen down what are the factors essential for making a patent application.
What factors are to be considered before filing a patent application?
Filing a patent application could be related to a diversified new idea that includes products, processes, or design. Usually, a Patent is defined by these elements: the idea is New, not obvious, and has a utility. Various factors can influence the applicant’s decision for a patent application. Below-mentioned are some of the factors that are to be considered before filing a patent application-
1. Know why you are filing a patent application?
Like other aspects of the business, an applicant should also consider other aspects like observing what patents are for and then actively engaging in the process. The Patent might be good for the business in various ways-
- It grants exclusive rights to the holder.
- A Patented product or process or even a pending application can act as a notable obstacle to the competitors.
- Patents are valuable assets.
- Patent reflects how serious the idea holder is about the idea.
- It can increase the negotiating power with the licensees and even with the Competitors.
- Filing a patent application can be considered necessary by potential investors or businesses looking to acquire your company.
2. Using the appropriate method of filing a patent application
There are various methods when it comes to filing a patent application. It’s usually a plain-spoken choice, but an applicant should consider whether to file one or more of the following:
- Ordinary or Non-Provisional Application.
- Convention Application.
- PCT International Application.
- PCT National Phase Application.
- Patent of Addition.
- Divisional Application
3. Proper Communication with Your Patent Attorney.
A Patent Attorney is an invaluable asset while filing a patent application. It is essential to have proper communication with your patent attorney throughout the preparation of your application. Based on the disclosure provided by the applicant, the patent attorney prepares the final application. Proper disclosure results in easy execution of the process.
4. Reviewing and analyzing the content of the Application Before It’s Filed.
Before applying, it is important to consider a few items-
- Does the specification describe every aspect of your invention well?
- Is anything essential related to the Patent is missing?
- What way can we use to design around the claims?
- To concentrate more on substance than on style.
5. Know Your Deadlines and Timing.
While applying, it is essential to keep into consideration the deadlines and timing.
What are the requirements for making a patent application?
A person can protect the product or process by applying for a Patent. Also, the patent holder is entitled to make the product, use the process, or exploit the new idea, and to can earn the benefits from the product, process, or invention.
But before filing a patent application, the applicant shall comply with the below-mentioned Requirements-
- The idea shall be patentable- The innovation shall be patentable in any means- i.e. any new product, new process, Software, Business methods, or Some types of biological materials.
- Novelty- Novelty is the basic requirement, as one cannot file a patent application for the thing that is already publicly known. Patenting the already publicly known thing would be unfair to confer the financial benefits of a patent that is already publicly known. Novelty is evaluated as on the date of filing a patent application.
- Presence of Inventive Idea- Presence of inventive step relates to the ‘obviousness’ of the new product, process, or invention. If it is ‘obvious’ to a proficient person, it is not patentable. As per the Patent Act 2013, the claim for an idea involves an inventive step. To be patented, the invention should be sufficiently new and non-obvious.
- Utility– The requirement of utility does not relate to whether the new idea is ‘useful’ in terms of whether or not someone would buy it. Instead, it relates to whether the inventive idea is capable of being made in conformity with the claims and information in the patent. While considering the requirement of Utility, the below-mentioned factors are should be considered-i.e. the invention should be-
- Beneficial Use,
- Practical use of the Invention.
- No Prior Use of Invention– The innovative idea or invention should not be in prior use i.e. the invention must not have been made public. The ideas that become publicly disclosed or available on public platforms before filing your patent application do not qualify as Prior Invention.
Conclusively, the Patent application requires proper attributes and consideration that should be acknowledged to get the invention patented and to earn maximum profit out of it. Turning inventions into products or processes, and Selling a Patent are the most effective ways to get the best out of them. So, it is very important to take expert advice before applying. The experts will guide in every single step to get the exclusive right.
Read our article:Patent in India: Registration and Filing Process