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Patent-pending inventions in the Patent Institute in US, is protected only within the borders of US. If it is desired to protect the invention outside the borders of US, the country or region where protection is claimed in the patent application should be done. Foreign patent applications are of great importance especially for companies exporting to foreign markets.

The important issue here is that applications must be made abroad within 12 months from the first application (Priority Period). It will not be possible to obtain a patent abroad after 12 months from the first application date. In applications without priority, applications will result in negative results, since the first application will negatively affect the novelty of subsequent applications as described in https://openlab.citytech.cuny.edu/gotconcept/elon-musks-greatest-inventions/ article.

Generally, foreign patent applications can be made in 3 ways;

– national patent application,

– regional patent applications (the most common is the European Patent Application)

– international patent application (PCT)

National Patent Application

The National patent application is the patent applications made to the authorized institutions in the countries where the invention is desired to be protected. Fees in national patent applications differ from country to country due to the differences in the legislation of the country applied for. In general, national patent applications may be preferred if the number of countries where the invention is desired to be protected is less than 3.

Regional Patent Applications

Regional patent applications are patent applications made for all countries in a particular region. Apart from the European Patent application, two groups of African countries, the OAPI patent application and the ARIPO patent application, are the patent application system of the African countries and the Eurasian patent applications are the other regional application systems.

European Patent Application (EP)

European patent application, the European Patent Convention covers 36 countries. The Authorized Office is the European Patent Office. Applications and transactions made in the European Patent Office to cover the member countries are maintained in a single language. If a patent is obtained after research and investigation at the European Patent Office, this patent may be valid in all member countries. However, after the patent is obtained, validation is required in every country.

International Patent Application (PCT)

International Patent application is a patent application process for 141 member countries. The International Patent application system is not a system that results in a patent, it only brings the process up to a certain period (30th month from the date of first application or priority if any) by jointly executing the process for all member countries. The International Patent application (PCT Patent Application) is filed in a single language, a patent research report is issued that will be valid for all member states, and a patent preliminary examination report, which will be valid for all member states, if desired. With these reports, the applicant continues the application process by entering the countries where the application wishes to continue. You can find much more information on patents and patenting process on https://blog.chron.com/frugalconfessions/2020/03/how-much-can-you-make-from-patenting-your-idea/.

Software patents have allowed the very products that people love and need to be developed, from mobile banking to safety technology in automobiles to life-saving medical devices.

There will be less opportunity for a small company to compete with a large company. Large companies have the resources to build a strong development and distribution team. For many small companies, software patents are one of the few areas that put small and large companies on equal footing. Taking away software patents would remove this balance as discussed on https://inspirationfeed.com/inventhelp/.

Software patents are used to identify who “owns” the idea. A venture capitalist may be less inclined to invest in a company – knowing that others may be developing the same technology, so that means less capital flowing into the system.

Additionally, without patents there is less ability to hedge an investment. In the event that the company does not make it, a software patent is an asset that may be sold and part of the original investment may be recovered.

Software patents are a way to tell the world about new innovations. The United States Patent and Trademark Office provides access to a broad range of technology. Without software patents, there will be less transparency in innovations because there will be no incentive to tell the United States Patent and Trademark Office about a particular technology ass you can read from https://southfloridareporter.com/how-inventhelp-can-assist-with-new-invention-ideas/.

The first step on the road to obtaining a patent is determining whether the subject matter of your invention patentable? Generally, the subject matter of your patent must be a process, machine, composition of matter or manufacture. Process includes methods or procedures such as a procedure of fixing a car or a method doing business over the Internet. Composition of matter includes such things as a new molecule.

Simply put, if you made it then you can patent it. Generally, the limits as to what you may receive a patent for is bound by your imagination. For example, you may be able to receive a patent on a new use of a known process, machine, composition of matter or manufacture.

However, there are exceptions. For example, you may not patent an invention if its only purpose violates morality. Additionally, you may not obtain a patent for a natural phenomena, mental process, and abstract intellectual concept because they are “basic tools” of technological work as explained in https://www.canyon-news.com/how-inventhelp-can-assist-you-as-a-new-inventor/106365 post.

Here, are a few examples to work through so as to make sure that you understand the discussion of what is patentable?

• Is E=mc squared patentable?
• Is magnetism patentable?
• Is an electrical relay patentable?
• Is a pencil patentable?
• Is a website that collects information from various users patentable? E.g., ebay.com.

No, the equation is not patentable subject matter because it is an abstract intellectual concept which is a “basic tool” of technological work. Although the equation is very useful and a discovery of nature, it is not an invention or discovery that may be patented. Magnetism isn’t patentable because it is a natural phenomena and it too is considered to be a “basic tool” of technological work as you can see from https://www.econotimes.com/How-You-Can-Benefit-from-Turning-to-the-InventHelp-Experts-1577312 article.

Rather, an electrical relay that uses the principles of magnetism to operate the inner workings of the relay is patentable. Hence, although natural phenomena and the like are not patentable, an invention that incorporates the principles of the natural phenomena and the like are patentable.

Yes, the pencil is patentable. As stated above, anything made by man is patentable subject matter. Yes, the website is patentable subject matter. It may be easier to think of what is not patentable because the United States has a broad inclusion of invention or discoveries that may be the subject matter of patents.

Why Should You Register Your Trademark or Patent?

A trademark and patent is a form of intellectual property that needs to be properly protected in order to deflect legal ownership claims. By registering a trademark and patent, unrelated parties may be prevented from using or profiting from the intellectual property in question.

What Types of Items Should be Registered?

A trademark consists of a symbol, words, device or a distinctive mark that is used to represent a particular good or service that is offered by its owner. On the other hand, a patent can represent the creation or discovery of a utility, design or plant. These are the types of items that should be registered.

In order to begin the trademark and patent registration process, you can visit the United States Patent and Trademark Office (USPTO) website. This federal office has a large quantity of information that can be easily accessed.

One of the first things that you will need to do is to search the USPTO databases to see if a trademark and patent already exists for your particular item. You will have to fill out extensive paperwork that will go into finite details about your trademark and patent. A full checklist of tasks is available on the USPTO website. You can always hire professional patenting agency, such as InventHelp, to help you with these tasks.

How Much Does Registration Cost?

There are various costs involved in the registration process which include maintenance fees, applications fees and other fees. Current pay schedules for a trademark and patent are available at the USPTO website.

Each registration case is unique. As a result, a trademark applicant can expect an answer within 3 months from their application. However, there are cases where an approval or denial is not received for several years if there are legal issues involved or other complicated matters arise. For a patent application, an applicant can expect to wait an average of 2 years.

What Laws or Regulations Govern Trademark and Patent Registrations?

The Trademark Act and Trademark Rules of Practice are applicable in trademark registrations, while the Patent Act and Patent Practice and Procedure laws apply in patent registrations. Whether the application is completed by an attorney or a layperson, the applicant is expected to understand and comply with these statutes.

Once Approved, How Long Does My Registration Last?

A new trademark registration lasts for a 10 year term and can be renewed with an Affidavit of Use for additional 10 year terms. A new patent registration lasts for 20 years, although a design patent only lasts for 14 years.

What are the Common Problems That are Faced with Trademarks and Patents?

Trademark and patent registrations can result in a denial if the paperwork is completed incorrectly, is lacking information or relates to items that cannot be registered. For instance, a generic name for a goods or service cannot be registered as a trademark. Understanding the entire registration process from start to finish is vital.

Who is Best Equipped to Handle Registrations?

An attorney that has been well-educated in intellectual property law is better equipped to complete the registration process. There are many complex legal terms and processes that are involved with a trademark and patent. It is recommended that laypersons avoid attempting to handle these matters on their own and seek invention help from professionals.

Intellectual Property (IP) rights are abstract and often difficult for laypersons, judges, and/or attorneys to understand. Many attorneys have a difficult time understanding how copyrights, patents, trademarks, trade dress and/or trade secrets lawsuits should be litigated.

Making sure that you understand the technology behind the intellectual property, and can explain it to judges, juries and your opposing attorneys is vital to the success of any IP lawsuit as explained in https://www.crunchbase.com/organization/inventhelp. Having good experts that can explain the technology to a judge or jury, can often be the difference between winning and losing an IP lawsuit. An Intellectual Property Law Attorney is more of an educator and/or teacher than in most other areas of law.

A successful intellectual property attorney must come up to speed quickly on the clients’ technology, how the intellectual property protects the technology, the clients’ business interests, and how to use the litigation process to maximize the value of the intellectual property rights. Often, a good intellectual property portfolio is only, as good as, the law firm litigating and enforcing your intellectual property rights as written in https://openlab.citytech.cuny.edu/gotconcept/the-next-big-thing-in-invention/ article.

The more successful you are with your intellectual property lawsuits, the more you will be able to command a higher royalty from your licensees. However, if any of your intellectual property rights are invalidated, then there is the danger that one adverse ruling ruins your ability to monetize that copyright, patent, trademark, or trade secrets rights.

For manufacturers in this industry today, protection of new ideas and innovations by way of patents, copyrights and trademarks (collectively, “intellectual property,” or “IP”) is critical for survival. Smaller companies, in particular, must protect their new ideas and innovations to increase their financial worth and, hopefully, compete with larger manufacturers.

Many smaller manufacturers in this industry are initially able to find a niche in the market as a result of new, innovative concepts or technologies. If left unprotected, however, these innovations (which often comprise the largest assets of a smaller company) quickly lose their competitive value as larger, established companies freely incorporate these ideas and technologies into their own products as was explained in the https://www.hngn.com/articles/227862/20200113/what-can-the-experts-at-inventhelp-do-for-you.htm article. Consequently, even if founded upon wonderfully inventive ideas, smaller companies often struggle to stay afloat if they can not protect the fruits of their R&D innovations.

The increasing importance of IP in the industry has manifested itself in many different ways, such as the proliferation of patent infringement lawsuits between manufacturers, the frequency of cross-licensing and patent pooling arrangements, and, in particular, the sheer number of patents issued to the industry. In the last 25 years, for instance, the number of industry patents has increased nearly fifteen-fold, and the percentage of industry patents issued during that timeframe relative to overall patents issued has increased nearly eight-fold. There is no question but that IP is a key economic component in this industry. That being said, however, in recent years the top industry companies (in terms of patents issued) still account for well less than one-half of the overall number of industry patents issued, suggesting that there is plenty of room for smaller companies to innovate, protect and, therefore, compete.

Intellectual Property generally falls into three common categories: patents (new or incrementally improved devices, designs, processes or methods), trademarks (slogans, logos, product names), and copyrights (songs, graphics, text). Certain ideas (such as software) may be protected in more than one way (copyright and patent). as explained in https://millennialmagazine.com/2020/01/13/dont-give-up-on-your-invention-idea-turn-to-inventhelp/. The processes, costs, difficulties and benefits associated with each type of protection vary from relatively simple and inexpensive (copyrights) to more complex and costly (patents). Whatever its form, however, protecting IP can provide game manufacturers with several competitive advantages, advantages which frequently take on disproportionately increased importance for smaller businesses.

The USPTO requires a filing fee with each application submitted. Applicants who qualify as a “small entity” enjoy a reduced fee schedule about 50% lower than the fees paid by large companies. Currently, the small entity fees are under $600, but fees are raised annually.

If you file a provisional application, you’ll pay a slightly lower filing fee for that application, then pay the full filing fee when you submit the regular application.

There are a variety of other possible fees that may be levied if the application includes an unusual number of claims or drawings, or if certain deadlines are missed for responding to the patent office’s requests for additional information or documents. (For a complete fee schedule, see http://www.uspto.gov/go/fees/.)

Patent Prosecution

After the application is filed, a government patent examiner begins the rigorous process of determining whether or not your invention qualifies for patent protection. Patent applications are routinely rejected initially because of some objection the examiner has. The patent attorneys or patent agents charge extra each time they are required to respond to the patent office’s action letters to clarify the examiner’s concerns or file an amendment to the application as described in this https://www.natureworldnews.com/articles/43137/20200108/why-inventhelp-is-a-great-resource-for-new-inventors.htm article. Their fees could range from $1,000 to $5,000 for each response, depending on the time each requires.

Patent Appeal

If your patent application is ultimately denied, there is a process for filing an appeal. This process could cost from $2,000 to $10,000 additional in filing fees and attorney or patent agent costs.

Patent Issuance

When your patent application is approved, final drawings and documents are prepared and submitted to the USPTO with the issuance fee. Altogether, the drawings, government fees and attorney/agent expense can be $1,500 to $2,500.

Patent Maintenance

To keep a patent valid and in force requires periodic payment of patent maintenance fees. The rationale for these fees is that if it is not worth it to the patent owner to pay the maintenance fee, then the invention should be released into the public domain to spur further innovation as you can see from https://www.latinpost.com/articles/143207/20200108/why-new-inventors-need-assistance-from-inventhelp.htm.

Maintenance fees are due 3 ½ years, 7 ½ years, and 11 ½ years after patent issuance. The first fee is currently about $1000, the second is about $2500, and the third is about $4100.

Summary

Given all the variables of invention complexity, optional choice of a provisional application, and responding to an unpredictable number of patent examiner concerns, it’s easy to see now why the cost of a patent can vary so widely.

Perhaps more helpful in predicting the patent costs for your invention, however, is the observation of one prominent patent attorney that for two-thirds of his clients, the entire patent application and issuance experience costs between $7,000 and $15,000 – maintenance fees extra.

Specification

A patent application must include a clear and concise written description of the invention including enough information to enable a person of ordinary skill in the art of making and using it without undue experimentation, trials and errors. The application must also describe one or several implementations which the inventor believes to be the best mode. The specification is divided into the following parts:

Title

Background which states the field of the invention, describes the problem that the invention is intended to solve, and the state of the art regarding competing and current methods for solving the problem. The background should also include the objects and advantages of the invention over the prior art as discussed on https://inspirationfeed.com/how-inventhelp-can-help-you-protect-your-invention/.

Summary of the invention.

Brief Description of the Drawings.

Detailed Description of the Invention. This section explains the invention in detail, referring to the components in the drawings by means of reference numerals. If the invention has already been reduced to practice, then it is customary to use the past tense. Otherwise, the present and imperative are used to describe a predicted operation.

Abstract: a complete, concise and clear paragraph of about 250 words or less.

Drawings

Patent drawings are required when they are necessary in understanding the claimed invention. They must show all the elements of the claimed invention using reference numerals.

Claims

An invention must also include one or several claims that delimit exactly, in legal terms, the invention. The writing of claims is a highly specialized skill that critically determines how well the invention is protected. Each word in a claim can have far-reaching legal implication and is carefully chosen by the patent professionals, such as InventHelp. Each claim must be written in a single sentence and must be free standing.

A claim can be independent, or dependent. An independent claim does not refer to any other claim. A dependent claim must refer back to a previously written dependent or independent claim.

You’ve created the answer to most pressing problem in human history! Or, at least, in your neighborhood. Now you’ve got to get you to protect your idea, but do you know how to file a patent? Let’s look at the steps you’ll need to patent your brilliance.

The first thing is to recognize that each country has its own patent office and that if you plan on offering your product or service or idea in multiple countries you need to apply for the patents in those areas. For our example, let’s say you’re trying to patent an idea in the United States.

How To File A Patent – First Things First

Before you even apply for patents, you need to determine if your idea is patentable. You can’t just patent an idea because you want to. You have to show that the idea is new in some way; that it is different from current ideas, and that it functions in a different manner as shown in the https://www.techtimes.com/articles/246245/20191127/why-inventhelp-is-essential-for-entrepreneurs.htm article.

You want to conduct a thorough patent search to determine if your concept is already how to file a patent patented. This hold true whether you want to learn how to patent an invention, how to patent an idea, or how to patent a name.

Search U.S. patent databases as well as pertinent foreign country databases if applicable. You will benefit from acquiring professional help from agencies like InventHelp during this process, but you can do a lot of the preliminary legwork yourself – you are the most familiar with your invention and the markets that you want to compete in – a professional can make sure you cover every base.

How To File A Patent – Keep Good Records Of Everything

You want to have drawings and diagrams prepared that detail your invention. If you are not a draftsman or an artist, consider hiring a professional for the job. At a certain point you might even consider building a prototype. But it’s not just the invention itself that you want to document carefully. It’s best to keep a record of times and dates of developments, conversations, correspondence, and anything that impacts the invention.

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