Patent Search and Intricate Details of a Patent Application

Intellectual Property has a very important role in any country’s development. To determine whether a country is on the road to success, it needs to make some changes to promote inventions and protect Intellectual Property.

Intellectual Property can be divided into five broad categories: Patent, Copyright, Trademark, Geographical Indications, and Traditional Knowledge. Patents are highly applicable in the modern world, and their industrial applicability is the reason why any industry can make new products and upgrade existing ones.

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What are Patents?

Anything invented by the human intellect and having industrial application can be regarded as a Patent. The three most important criteria that a Patent search report needs to fulfill are novelty, non-obviousness, and usefulness. If these criteria are not met, a Patent cannot be granted, and it will be regarded as prior art.

Main Features of Patent

• Novelty: This means that any Patent application filed in the Patent Office needs to be new. If your invention is not known, then the point of seeking a Patent is diminished, and we can regard it as Double Patenting. Double Patenting means seeking a Patent for the same invention twice.

• Non-obviousness: This means the invention you submit to the Patent Office needs to be non-obvious. Anything that has been around for an extended period of time and has international applicability cannot be considered a new invention. This feature is added to the Patentability criteria to prevent double Patenting and ever-greening.
  
  The end goal of a Patent is to ensure that the public can make the most of these inventions. Still, if the idea of non-obviousness is not inculcated in the basic definition of a Patent, then the purpose of a Patent is not being fulfilled to its core.

• Usefulness: This criterion can be regarded as one of the most significant and valuable features of the Patent, which states that the industrial applicability of a patent is an integral part of seeking its protection. One cannot demand a Patent for something that might be dangerous to mankind and has nothing to do with the development of the human race.
  
  So usefulness plays a vital role in determining whether a Patent application is worthy of proceeding forward or needs to be stayed and abandoned.

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What are the different kinds of protection that a Patent offers?

The sole purpose of providing patents is to make sure the rights and interests of the inventor are protected and that they can reap the benefits of such intellectual invention for a set period. This designated time can be different in India from that of other countries, but after its expiration, the Patent loses its protection and is open for public use. So, the primary kind of protection that a Patent offers includes:

• Economic Protection

This means that they have the right to prevent and stop anyone from using their Patent without their permission, hence deterring the commercial exploitation of their property.

• Moral Protection

This includes the moral obligation to enjoy the name of such invention and the right to seek mention in places where the patient is being used with their permission.

How long does a Patent last and is there a way to extend this period?

When it comes to deciphering the set time for providing patent protection, it broadly comes down to 20 years from the date of filing the patent application. There are two types of patent applications: provisional patent applications and non-provisional or regular patent applications. The 20 years’ time is calculated from the official filing, which is a Non-Provisional Application. Hence, one never gets to calculate the life of our Patent from the grant but only from the date it was filed.

The facilities for extending this period of protection are not available, keeping public benefits in mind. This feature is added to limit commercial exploitation by business giants and prevent the public from facing the wrath of Overpriced inventions. After the expiration of this 20-year period, the Patent is available for public use.

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Conclusion

A Patent is an exclusive right granted to an inventor for anything he produces or is in the process of processing. Patents are regarded as technical solutions to any future or current problems, and that is why it is important to seek protection for such inventions.

Crocs’s statement slipper design, which was clogs, has now become a public design as it has Dennis scores and 20 years Expired. The same is the case with other inventions that have completed their course and are now available for public use. Patent Protection and the authorities who administer its functioning have a lot to offer the world, and if they fail to deliver it, then innovation and future growth are hampered.

Frequently Asked Questions

Q1. Why is a Patent Search Important?

Ans1. A patent search helps you:

• Discover prior art: Identify existing patents that might prevent yours from being granted.
• Refine your invention: Understand existing solutions and find gaps to address with your invention.
• Save time and money: Avoid pursuing an unoriginal idea or facing patent application rejection.

Q2. What are the Key Steps in a Patent Search?

Ans2. Here’s a basic approach:

• Define your invention: Clearly identify its purpose, features, and functionality.
• Keyword search: Use relevant keywords in online patent databases or professional search tools.
• Classification search: Explore patent classifications related to your invention’s field.
• Analyze results: Evaluate prior art for their similarities and differences to your invention.

Q3. What Resources Can Help with a Patent Search?

Ans3. Many resources are available, including:

• Free online patent databases: Offered by national and international patent offices.
• Subscription-based patent search tools: Provide advanced search options and analysis features.
• Patent attorneys: Offer professional expertise in conducting comprehensive searches.

Q4. What Makes a Strong Patent Application?

Ans4. A strong application should:

• Clearly describe your invention: Include detailed drawings, specifications, and claims outlining its functionality.
• Highlight its novelty and non-obviousness: Demonstrate how your invention is unique and not readily apparent from existing solutions.
• Emphasize its industrial applicability: Show how your invention can be manufactured and used in an industry.

Q5. What are “Claims” in a Patent Application?

Ans5. Claims define the specific scope of protection you seek for your invention. They precisely outline what features and functionalities are considered part of your invention.

Q6. How Long Does the Patent Application Process Take?

Ans6. The timeframe can vary depending on the complexity of your invention and potential objections from the patent office. It can range from months to years.

Q7. What are some Common Reasons for Patent Application Rejection?

Ans7. Some reasons include:

• Lack of novelty or non-obviousness: Your invention already exists or is too similar to prior art.
• Insufficient disclosure: The application lacks clarity or does not adequately describe the invention.
• Overly broad claims: Your claims encompass features beyond the actual invention.

Q8. What Should I Do if My Patent Application is Rejected?

Ans8. You can:

• Respond to the objections: Address the issues raised by the patent office with supporting arguments and modifications (if necessary).
• Seek assistance from a patent lawyer: They can guide you through the appeals process or suggest alternative strategies.

Q9. How Much Does it Cost to File a Patent Application?

Ans9. The cost can vary depending on the complexity of your invention and the chosen patent office. Fees typically cover filing, examination, and potential maintenance of your patent.

Q10. Do I Need a Patent Attorney for the Process?

Ans10. While not mandatory, consulting a patent attorney is highly recommended. They possess expertise in navigating the legal complexities of patent applications and can significantly improve your chances of success.