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Let us give you an understanding of the basics: types, searches & application of patenting. Why is a patenting search required? There are many reasons to perform a search. The most obvious reason to perform the search is to know if the invention can be patented or has been already patented. The other reasons for performing a search are listed here: To make the concept clear of how the application and patenting is designed and to use the idea to prepare your own application; To acquire knowledge about a new subject; To attain information about market; To track the competitor and the technology used by him. Explanations of types of patents: 1) Invention of a Patent – The innovation of an unconventional, non obvious and useful object, device, composition or a process defines it. 2) Application of a Patenting – The detailed description of an invention demonstrated in a printed document which is to be submitted to the concerned office to secure patenting on the invention. 3) Patent – The government assigns the license of ownership to the inventor that gives him the claim to debar others from making, using or selling the claimed invention. 4) Reduction to Practice – The detailed description of making and using the invention compactly. 5) Prior Art – Prior art constitutes all information that has been made available to the public in any form before a given date that might be relevant to a claim of originality. If an invention has been described in the prior art, a patenting on that invention is not valid.
The types of patenting are differentiated on the basis of their nature of invention. They are broadly classified into three types: 1) Utility – The inventor inventing any unconventional object, device, composition or process. 2) Design – The inventor inventing any new ornamental design of an article of manufacture. 3) Plant – The inventor inventing or discovering a new variety of plant by reproducing it asexually. Inventions of Utility – The utility patenting is classified into five legal classes: 1) Processes which include conventional process i.e. making of an article, and software processes. 2) Machines which include conventional machines (machines with moveable parts) and software machines. 3) Manufactured products which include articles with non movable parts. 4) Compositions of matter which include chemicals, alloys and pharmaceuticals. 5) The new changes in the above mentioned inventions. The invention must be useful. The invention must be original that has its own valuable features and has never been seen before. The invention should be noticeable to the skilled people of the area of invention: inventions of design and invention of asexually reproducible plants. Non-patentable inventions relates to changed size, shape, or form; adjustability; natural laws; brief ideas; seniority over secondary; usage of old art; deduction of parts; musical and dramatic works; inventions made for illegal purposes; inventions made against law of nature.
Fictions related to patenting: 1) Valuable: This is not true as the patents have monetary value only, that is also when they are used to protect the claim by excluding others from making, using or selling the invention. 2) Government verified: This is not true as these are not verified by the government. The government is not involved in seeing whether the patenting will work or not. 3) Provisional: This is not true as the term ‘Provisional Patenting’ does not exist. A provisional application can be filed in most jurisdictions, which provides a date for priority placeholder. If the filing of full application is not done within one year, the priority date is lost. 4) Just the idea is described in the provisional application: This is not true as full disclosure is required for filing the provisional application and the information should also be detailed in the application. The formal structure, the disclosure and the claims of the full application are not required by the provisional application. 5) Patenting for an idea: This is not true as patenting is not obtained for an idea or just a suggestion. Patents are granted to those who invent or discover a new and useful object, device, composition or a process, or make any useful improvement. Complete and enabling disclosure is also required. 6) The owner is given the exclusive rights to make, use and sell the invention: This is not true as the owner is given the right to exclude others from making, using and selling the claims. An inventor having broader claims in a prior patenting can prevent the inventor; with narrow claims from using the inventor’s own patenting. 7) Honoring US patenting worldwide: This is not true as US patenting is enforced only in US. The US inventor can stop from importing what is covered in US, but the inventor is free to make, use and sell the invention in any country. 8) Infringement of patenting is a crime: This is not true as patenting in combination with a legal opinion will only give the right to sue in a civil case against the alleged offender. Infringement of patenting is not a crime. For enforcing the rights the responsibility is granted by a patent and it is in the hands of the patented owner. Patenting classification helps in categorizing an invention. It is characteristically expressed as “482/1”. The class of the invention is expressed by 482. The following number is the subclass. In the USPC there are 450 classes and 150000 subclasses. Short descriptions are provided by the titles of classes and sub classes. For classification process, the patents are always classified under sub class level. Each patented and published application is assigned to one or more classification. Importance of patenting classification relates to: Used as a tool to search patents; For assisting the patent application to examiner for examination process; Have definitions; Have relationships with one another.
One of the biggest problems that inventors face when setting out to define their invention is with describing what the law refers to as “alternative embodiments of the invention.” Most inventors are quite good at describing exactly what they have invented. The invention is your work and you know it best, so it is not surprising that most inventors can (with enough effort) explain the preferred version of the invention; what the law refers to as the “preferred embodiment.” Nevertheless, it is absolutely essential to think outside the box when describing your invention in any application. Stop and think about different ways that your invention can be made or used, even if you deem them to be inferior. Failure to disclose alternatives will almost certainly foreclose your ability to say those alternatives are covered by your disclosure, which will prevent any issued patent from covering those undefined variations. This may not seem like a big deal, but history has shown that it is critical. If you are lucky enough to have invented something of great importance there will be a number of individuals and companies trying to capitalize on the opportunity you have created. If you dismiss variations or entirely different and unique embodiments then you are leaving those to the individuals and/or companies that would seek to capitalize on a product or process that is similar to your own, but not specifically covered by your claims. So what can you do? Before you do finalize your provisional application, or if you are working with an attorney or agent — before you finalize what information you provide to them, you should go back through what you have written and ask yourself whether you are using any terms that may have a particular meaning. With each term ask yourself whether it has a commonly understood meaning by those who are skilled in this field? If the term does have a commonly understood meaning in the industry it is absolutely essential that you use it to mean what others in the industry think it means. Do not get creative. While the laws do say that a patentee can be his or her own lexicographer, it is important not to make too much of this latitude. If those in the industry understand a term to carry certain meaning that is the meaning the courts will use when interpreting the scope of the disclosure, but why take a chance? When in doubt it is always the best practice to explain through illustration and description rather than to simply rely upon a meaning that may or may not be understood in the industry. The specification you create and ultimately file is the glossary for the invention and is intended to describe what you have in its full glory and to define any terms or concepts so everyone understands and there is no ambiguity. It is also essential that you look over what you have written to make sure that the description is complete. In order for any application to be complete the invention must be enabled. This requirement, aptly named the enablement requirement, is geared toward ensuring that every disclosure places the subject matter of the invention into the possession of the public. This is what is commonly referred to as the quid pro quo of law. The government will grant a patenting, together with exclusive rights for a limited time, provided, however, that the inventor explain in specific detail how to make and use the invention covered by the patent. The purpose of the requirement is so that when the patenting expires the public has enough information to make and use the invention without having to go back to get more information from the inventor.
Do note that we have given you the general information in the above four paragraphs only to have a brief understanding of the process of patenting. However even with these instructive steps it is not possible for most people to do a good work like how our experts do. This is why you need the help of our company. Read further below to hire us to use our services.
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