A. Determine the type of intellectual property (IP) protection you need. To protect your invention, you may need a patent, trademark, copyright, trade secret, or some combination of these. Before you begin preparing a patent application, find out if you really need a patent and not some other form of IP protection.
• Title and Preamble. • Prior art. • Drawbacks in prior art. • Filing of application at the Patent Office. • Filing of request for examination. • Publication. Conceptualizing an invention. Filing of application. With complete specification. F.E.R. ISSUED. • Re-Examination of amended documents.
First-to-file rule means that whoever was first to file for registration of the mark, the rights to the trademark is given to that party.
Format of a Patent Application The Specification. The Title. The Description. The Claims. The Drawings. The Abstract. Sample Specifications. Minimum Requirements for a Filing Date.
– a description and a claim or claims; – drawings, when necessary; – an oath or declaration; and – prescribed filing, search, and examination fees. The title should be as specific as possible in describing the invention.
The priority date is the earliest filing or first filing date of a patent application. In the first-to-file patent system, such as India, this date is crucial as it determines priority when there are multiple applications in the public domain with similar subject matter and the cut-off date for citing the prior arts.
The patent process starts with your “first filing” – your initial patent application, typically made at your national patent office. This gives you your “priority date” – the date from which you believe your invention is new.
First to file encourages inventors to get a patent as soon as possible, rather than trying to coast without a patent for a while. If they coast and then only file once they smell competition, they can potentially extend the time they are protected by the patent/enjoy exclusivity in the market.
One strategy startups with a limited budget use is to file the provisional patent themselves for the $70-$140, test the product/invention out in the market during that year period to see if it is valuable, and if it is, have a patent attorney prepare the non-provisional patent application.
Drafting a Patent Specification: An Illustration Background of the Invention. Problems to be Solved. Prior Arts. Summary of the Invention. Brief Description of the Drawings. Detailed Description of the Invention. Claims. Abstract.