Prior to filing a patent application, it may be a good idea to perform a search of the already-existing patents to see if the invention is new. Whether a patentability search should be performed often depends on how the inventor plans to make money.

If an inventor plans to make money by selling the patent to an existing company, then performing a patentability search first is usual and advisable.

Patentability searches cost considerably less than filing a patent application, and performing a search may save the inventor the expense of filing an application where the likelihood of getting a meaningful patent is marginal.

On the other hand, if the inventor plans to make money by going into the market place and selling the invention himself, then it may be advisable to file a patent application even with marginal patentability.

Even if the inventor ultimately does not get a patent, or winds up with one that is too specific to be very useful in court against infringers, filing for a patent allows the inventor to market his invention with the label “Patent Pending”.

Marking a product “Patent Pending” usually tends to slow down entry by others into the inventor’s market niche, and is often worth the cost of filing a patent application. Therefore, if an inventor plans to market his invention himself, it may be advisable to save the cost of a patentability search.

There are multiple steps in the patent process that allow inventors to secure rights on their inventions. Some inventors will go through each and every step, and others may test the waters by working out just the first few. The provisional patent application is an important first step that many inventors look to as a way to secure their initial product rights.

The provisional patent application is the most basic application that you can apply for. This application simply requires a description of your product or idea, helping you secure rights on your specific idea. Provisional patent applications are almost always filed before the required non-provisional patents. The term “patent pending” refers to an unfinished application process where a provisional patent application has been completed as was described on this channel – https://www.youtube.com/user/inventhelp.

This application is simple and easy to complete. Generally under 10 pages, the provisional patent application only requires a written description and a drawing. Those who want to completely secure their patent will need to take the process one step further and fill out the non-provisional patent within one year of the filing date of the provisional patent application.

It is important to understand that a provisional patent application will not provide an individual or company with a full patent. It simply provides temporary rights for an applicant thinking about getting a full patent on his or her invention or idea.

Those debating their provisional patent application, or the patent process as a whole, should speak with a professional. Patent attorneys and patent agencies can help inventors get through the patent process, outlining everything the inventors need to know about each step of the process as described in https://www.tmcnet.com/topics/articles/2020/03/24/444881-everything-need-know-inventhelp.htm post. These attorneys will be able to walk inventors through the pros and cons of the provisional patent application and help fill them out.

Do you know what a patent provides to you and what it does not?

Many people have fantastic ideas and inventions in line, but they may not have the necessary information to get a patent. In some cases, you may not realize what the patent actually does for you. Of course, anyone that is considering an investment into an invention needs to have a patent in place, at the right time, to safeguard his or her ideas and plans.

What does a patent provide to you?

A patent does not give you the right to use the invention you have created. It does not give you the right to practice the service you have developed. It does give you the right to stop others from making the invention themselves. It also gives you the right from stopping others from using, selling, or offering for sale any item like your own. You also have the right to stop others from importing the invention in order to patent it here as explained in https://www.jpost.com/Special-Content/Get-Your-Invention-Off-the-Ground-with-the-Support-of-InventHelp-624132 article.

How long does a patent stay in place?

This term will change from item to item but n most cases, the patent stays in place for about 20 years. During this time, all requirements of the patent are legal and binding to anyone producing the same product in the same fashion.

What does a patent do for your invention?

Legally, the patent is a limited property right that you obtain. The government provides you with this property right. In exchange for giving you this right, the government does require that you share the details of your invention with the public as a whole.

What about the sale of your invention, how is the patent affected?

You can sell your patent to the invention. In addition to this, you can also be licensed and monetarily invested in this form. You can also mortgage the patent. You can give it away, transfer it to someone else, or into a company name, and you can just forget about it, called abandonment. This is so because the patent is consider property under the governments definition of it as described in https://spacecoastdaily.com/2020/03/inventhelp-the-way-forward-for-new-inventors/ post.

What does getting a patent provide?

When you obtain a patent, this means you have covered all aspects including the research of the inquiry. The only area that is not significantly covered is purely philosophical inquiries.

What if your patent is in fact just the improvement of someone else invention?

This process comes up often and you will need to work through the patent process to insure that the patent is unique enough. But, if the original inventions patent is still in place, you may market the item so long as you have the permission of the original patent owner to do. This can get tricky in some situations.

The more you know about a patent and the patent process the better off you will be. It will give you the opportunity to avoid mistakes that could cost you quite a bit in terms of the patents success.

The patent is the exclusive right granted to the inventor of the invention for a certain period of time for the inventions made. In order to understand what the patent definition is, it is necessary to explain what the definition of the invention is. The definition of the invention is defined briefly as a technical solution or technical method that has been brought to any technical problem.

Inventions should be technical solutions that can be produced in any branch of industry, including in agriculture, and brought to any problem of a feasible nature. Therefore, another answer to the question of what is a patent can be given that a technical solution or technical method that has been brought to any technical problem is preserved for a certain period of time for the person who finds the technical solution.

Patent registration is the process of filing a patent application at the US Patent Institute in order to protect an realized invention. If a patent application is decided to meet the patentability criteria after the official patent search and patent review, the applicant is issued a patent registration document as described on https://openlab.citytech.cuny.edu/gotconcept/elon-musks-greatest-inventions/.

Before patent application is filed, a patent inquiry should be made in national and international patent databases. As a result of this patent inquiry, it should be decided whether to apply for a patent or not.

Before applying for patent registration, patent application documents (description, claims and technical drawings) should be well prepared. Preparation of the patent specification is a matter of expertise. For this reason, it is suggested that patent applications should be made through a patent agency, such as InventHelp, or a patent attorney who is expert in his field and preferably of engineering origin.

A patent search is carried out in the national and international patent databases before each patent registration application. As a result of this patent research, a patent research report is issued. In this report, the closest patent documents known in the art related to the invention subject to patent application are determined and the differences of the invention are interpreted with these documents. In the light of these comments, it is decided whether to apply for a patent or not.

A patent protects subject matter that is either a machine, process, article of manufacture, or composition of matter. It must be novel and unobvious. A copyright protects an author’s original work of authorship. This includes literary, dramatic, musical, artistic and other similar intellectual works. It gives the author the exclusive right to sell, distribute, or reproduce it. In patents, it gives the inventor the right to prevent others from making it, but he may not have that right himself if his patent is built on top of other subject matter that is also patented (i.e. an improvement on another invention).

Do I want a utility patent or a design patent?

A utility patent protects something that is useful, where a design patent protects something that is strictly ornamental. For instance, one could design a handle on a suitcase of a particular shape and protect that with a design patent, but not if the handle was such that the shape had utility (i.e. made it less likely to slip) as described in https://inspirationfeed.com/inventhelp/ article.

Software Patents – what’s the big deal?

Software patents have been subject to a lot of controversy. Although patents for physical apparatus and processes associated with those apparatuses have been around for a long time, software patents have only been accepted in the US since the mid 1980’s, and even then have been a source of controversy. Some countries such as the EU do not accept them. One way to work around this is to patent the software running in a device such as computer of a specified configuration.

Even so, there are a lot of people who believe that anything using software should not be patented or that because of the short life of software there is no value to the patent. Still, a lot of companies such as Microsoft, Google, and IBM spend millions of dollars a year on software patents, and many companies make more money from licensing the patents than they spend filing and defending their patents as shown in https://southfloridareporter.com/how-inventhelp-can-assist-with-new-invention-ideas/ post.

Filing a patent infringement lawsuit requires consideration to numerous values prior to making a decision. Suing needs to be something you believe is the right step, otherwise it is bound to become a headache the size of the Grand Canyon weighing you down. Lawsuits are typically filed when the infringed upon feels they have lost or are likely to lose revenue as a result of the patent infringement. A lawyer’s advice can prove to be invaluable when making a decision whether or not to sue a patent infringer.

Filing a lawsuit typically requires having confidence in the lawyer. Patents are filed and granted on the basis of having a unique idea or invention. Having the right to market a particular product or invention exclusively can be very profitable. Protecting that right and those profits are why we have laws in the first place. Filing a lawsuit is as important as standing up for any other law protected right of free enterprise as explained on https://www.canyon-news.com/how-inventhelp-can-assist-you-as-a-new-inventor/106365.

While not all lawsuits are filed based on the infringers deceit or attempt to defraud, however it takes the investigative power of a high quality lawyer to determine whether the patent infringement was based on malicious intent. Those who attempted it with malice are perfectly deserving of the judgment that may ultimately be awarded to the victim.

Taking any potential case to most lawyers will naturally result in a discussion of a lawsuit. After all, patent infringement law is their specialty. However, a lawyer can take the time to explain all your options if you are not comfortable with the idea of filing a lawsuit.

However it is typically in a victim’s best interest to file a lawsuit basically as soon as the infringement is discovered. It does have a statute of limitations, and a victim can not change their mind later and file the lawsuit. It is well explained in https://www.econotimes.com/How-You-Can-Benefit-from-Turning-to-the-InventHelp-Experts-1577312 article.

Lawyers understand the very technical and intense laws that coincide with lawsuits. A good lawyer can decipher these intricate and difficult to understand laws and advise you of how a victim typically goes about each step of filing a lawsuit. Keeping close contact with your lawyer will make the process more understandable and of course smoother as you near an actual trial date.

Searches

Patent searches may be “quick and dirty” or extensive and in-depth looks into the existing patents, patent applications, and other publications that already exist in technologies related to your idea. The patent laws do not require you to perform a search prior to submitting a patent application, but it may be very useful under various circumstances.

There are many free tools that you yourself may use to perform a patent search such as the USPTO website or even Google Patents. However, an attorney or a patenting company, like InventHelp, will likely provide faster and better results. Most law firms primarily use these same tools. In addition, other software can be utilized to perform more extensive searches.

Drafting

Although drafting may be the first written step in the process, a good patent truly begins with a properly fleshed-out idea that can be presented as patentable subject matter. “Ideas” alone are not patentable subject matter.

And drafting may be performed in different manners for different subject matter. The major components that will be drafted include a detailed written description, the claims, and the drawings. Each component is vital to a successful patent application.

Prosecution

Once your patent has been drafted to your satisfaction, it is filed with the USPTO. Filing can be done by mail or by the Electronic Filing System (EFS). EFS, the preferred method, is cheaper, faster, and more reliable. Filing begins the process of “prosecuting” your patent through the patent office.

Although the word “prosecution” may stir up images of Law & Order with an accused murderer being hammered with questions on the witness stand, the patent prosecution process is considerably less intense. Essentially, the patent attorney and the patent examiner correspond by letter discussing whether or not your patent application passes the tests of the U.S. patent laws.

However, most patents applications are not even examined for at least a year, maybe two. They are typically published after 18 months and examined, shortly thereafter, for a first time. Yes, a first time. Most are examined at least a second time, and many others are examined multiple times.

Your application may be rejected entirely during those times or parts of it may be rejected. The entire patent prosecution process may last for 3-5 years before your patent is granted and involve many ups, downs, and lateral moves.

Opinions

You may not be interested in obtaining a patent but would simply like a professional opinion about your situation and invention ideas. Perhaps you would like to know whether or not you are infringing someone else’s patent, or you may want to explain to potential investors the type of patent protection your invention may be capable of receiving.

In a creative environment, cutting edge ideas and “outside of the box” thinking can make or break any business. Intellectual property law was created to prevent your unique ideas and concepts from being put to use by others.

A good intellectual property attorney will know these laws thoroughly and use them to protect your work from being copied or plagiarized. If you are a creative entrepreneur or forward thinking professional intellectual property protection will keep your ideas working for you.

Intellectual property laws provide a measure of security allowing freedom of expression and innovation in the professional world to thrive. The laws are in place to help creators and innovators reap the benefits of their laborious efforts as explained in https://www.crunchbase.com/organization/inventhelp article.

To an entrepreneur or young business person intellectual property may be the most important asset for fostering a successful and lucrative company. Intellectual property laws are important tools for ensuring your right to benefit from the results of your hard work.

Choosing The Right Attorney

Finding intellectual property lawyer is a very important step in the development of your business or product. To be sure that you have complete rights to your innovative idea, design, or product, you should work closely with intellectual property lawyer to ensure that you have taken the right precautions to protect it.

Copyrights, trademarks, and patents are valuable tools you can utilize in the development of your idea, and intellectual property attorneys can help you acquire them.

Intellectual property attorneys may be easy to find, but that doesn’t mean it is easy to find the right one. A lawyer may claim to have knowledge of intellectual property law, but only a solid reputation and true experience count.

Look for intellectual property lawyer that is well versed in the details of the legislation, and has a solid track record of representation and case studies of assisting businesses with their intellectual property protection needs. If you choose the right firm, intellectual property attorney can be your most trusted business partner.

Contact An Attorney Today

The professional intellectual property attorneys at InventHelp, are experts in US intellectual property law and are ready to provide information and assistance to you. Don’t delay- the protection and the successful future of your business depend on you!

The question of whether a particular invention is “patentable” is a complex issue that has been the subject of thousands of legal decisions. For that reason, it is not possible to summarize all that is required for an invention to be “patentable.”

Generally, an invention must be “novel” and not “obvious.” The novelty test merely requires that there be some difference between the inventive product or process and other prior products or processes. The differences need not be major. In fact, the most valuable patented inventions are often small modifications or improvements over the prior products or processes. If any difference at all exists between the prior art and the new invention, then the new invention is “novel” as described in https://www.hngn.com/articles/227862/20200113/what-can-the-experts-at-inventhelp-do-for-you.htm article. For that reason, most inventions meet the test of novelty.

It is generally difficult for an inventor to make a determination of whether a particular invention would have been obvious. In fact, the patent law refers to improper holdings of obviousness as being based upon “hindsight.” That is, once you know what the invention is, it may appear obvious. Many good inventions seem obvious once you understand how they are constructed or operate. The legal question is, however, whether an invention would have been obvious before the invention was made.

For the above reasons, it is not typically advisable for an inventor who is not well versed in patent law to attempt to make a determination of whether a particular invention is “patentable.” Rather, the inventor should ask whether the invention provides benefits which were not available before the invention was made. If the invention does provide a benefit, then it is advisable to contact an experienced patent attorney or an patenting agency such as InventHelp.

Let’s assume you’ve created the “killer app” – a new software application that will transform computing. Now let’s imagine you’re paranoid (or justifiably concerned, as some businesspeople would say) that a big company will create a knock-off of your new application and run away with all the money and fame. How do you keep that from happening? Why, you get a software patent, of course.

How do you patent software?

Well, actually, you can’t patent software itself. The lines of computer code written in a given computer language are covered by copyright, but they can’t be patented. What you CAN patent, however, is a method or process for accomplishing something new, useful, novel and non-obvious. If your application is as transformational as you think it is, it no doubt includes at least one new technique so novel that it qualifies as an invention.

If you can’t patent software, what is a software patent?

When the invention covered by a patent requires a computer and computer software to implement it, the patent is unofficially referred to as a software patent. Everyone understands that what has actually been patented is the underlying method or process implemented by the software as seen in https://www.natureworldnews.com/articles/43137/20200108/why-inventhelp-is-a-great-resource-for-new-inventors.htm post.

Can anyone get a software patent?

Anyone who invents a new, useful, novel, non-obvious method or process can apply for a patent.

What is different about a software patent compared to other types of patents?

The U.S. Patent and Trademark Office recognizes only three types of patents:

Utility patent – protects a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement of the same
Design patent – protects a new and original ornamental design for an article of manufacture
Plant patent – protects a distinct and new variety of asexually reproduced plant

For a software-implemented invention, you would apply for a utility patent. The fact that the invention requires software to implement it does not affect the criteria for patent protection. The application process is also exactly the same as for any other utility patent. It is all explained in https://www.latinpost.com/articles/143207/20200108/why-new-inventors-need-assistance-from-inventhelp.htm article.