File a patent and how not to lose money and time:
1. File a patent. Search for United States Patent and Indian Patent Office. Before you invest money or minute of your time, use this search engine to make sure your idea hasn’t already been patented. At the same time, make sure that you also have some similar patents, like few prior arts. If you don’t find anything of that sort, then it is time to revisit your invention. You also have Patent Search Tools like PatBase, to consult a PatBase sales and service team email PatBase is a paid version with a lot of analytical and reporting features that covers 50 countries and international languages when you do a search.
2. Find a patent agent/attorney. The application process can be made much simpler with the assistance of an experienced Patent Agent or a Patent attorney. There are several factors, which the Agent and the Attorney’s are the right persons to streamline your invention and in advising your correctly to protect the patent. Don’t believe that if someone nods you for everything as okay, it can be done. Then it is the time for you to revisualise, revisit your invention. Because, if you don’t get comments on your patent’s patentability and challenges, you will face them at the later stage, virtually wasting your precious time and cost. So, find an attorney who not only appreciates your invention but also points to some criticalities of patentability.
3. Prepare the Abstract or 2 pages write up. Prepare the write up explaining the core parts of your invention, little background why the invention came up, what other technologies are available in the market, what is the limitation of it, advantages of your invention and drawings. These inputs either be given in writing or be explained to the Agent/Attorney in a personal meeting.
4. Engage on phase to phase basis. It is not necessary that you pay everything upfront to file a patent. You request Agent/Attorney about the stages of the patent filing and process, and accordingly seek clarity on the professional fee involved like Patent Search Fee, Patent Search Professional Fee, Drafting fee, Provisional Application fee, Examination request fee, Expedited processes fee and Professional fee at each stage. Some attorneys might charge you upfront, but it is advised to pay on stage-wise payments.
5. Gather information for your formal application before you file a patent. You’re going to have to prepare a specification, which includes an abstract, background, summary, a detailed description and your conclusion, including the ramifications and scope. In addition, you’re going to have to define the legal scope of your patent and again, I’d advise you to use an experienced patent attorney unless you’re 100% confident you have the skills and experience to handle this on your own.
6. Complete and review your formal application while you file a patent. It takes one to three years, on average, for a patent application to process. You don’t want it rejected for unnecessary errors or simple mistakes, so make sure you get it as close to right as possible the first time. This is very crucial, that is why you must have patent attorney’s who comment your invention in the beginning stage itself, so you are not wasting your precious time of 3 years to receive a rejection of your patent application
7. Participate in the patent process. You’ll have one patent examiner assigned to your case. If you receive any correspondence or requests from them, respond as soon as you possibly can, or support your agent and attorney. Keep in mind that if you have an attorney, the concerned Patent office will communicate directly with them, so you’ll need to get your updates there. You can help move things along faster by being proactive in communicating with the patent examiner; consider arranging an interview to address any of their concerns
Happy Patenting! Happy Protecting of your ideas!
For any assistance on Patent filing, you may write to us at inhouse[at]iprchambers.com
we will be glad to assist you.
Regards
DG
Advocate and IP Attorney