Effective Patent Filing Procedure

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The first and the legal representative can file patent application in India or assignee of the inventor can file true inventor and it. Although you can jointly or personally file the application, the ones filed by patent attorneys will need a legitimate proof of the assignment.

Patents and exclusivity work in a similar fashion but are distinctly different from one another. Patents are granted by the patent and trademark office anywhere along the development lifeline of a drug and can encompass a wide range of claims.

It is essential that entrepreneur's protect their inventions. This is a form of insurance. To attempt to market an invention without covering the work with the shield of patent, trademark, copyright or trade secret protection indicates a frivolous approach that will not succeed. Investors, licensees, and investors demand the protection that these intellectual property products afford.

Now the patentee can have the right to exclude others from copying, using, selling or importing his patent product for a term of 20 years. A patent is in fact a kind of agreement between the inventor and the government where the state guards the right of the inventor from others from using or selling his invention as long as he makes the details of his invention public.

This type of patent differs from a Provisional Patent. Before making a final decision on your patent application, be sure you know the pros and cons of the different types of patent applications. For example, you may only need to file a provisional patent, thus saving you thousands of dollars. Or, you may need only one component of a specific patent opposed to spending thousands of unnecessary dollars.

Normally, non-patentable matter can be verified by you; however it is advisable to cross-check from your patent agent or patent attorney. In case, your invention falls under above list, you will not be required to pursue patentable analysis and/or patenting your invention, otherwise you can proceed for patentable analysis and patenting your invention.

Whilst there is no such entity as a 'World Patent', it is possible to file a single international application thanks to the Patent Cooperation Treaty (PCT) which can then be used as the basis for patent applications in over 130 contracting states (including the European regional route).

Also, the inventor has the choice to go through Patent Cooperation Treaty (PCT) application, PCT application provides a platform to cover all the countries bound by PCT. Any applicant in search of protection for the invention may file single application and request protection in as many signatory or designated states as needed for the maximum of 31 months from the priority date.

What you need to do - before anything else - is to prepare a provisional patent application. This could take as little as an hour, if you know what you're doing. It gets your 'foot in the door' so to speak, when filed with and accepted by the Untied States Patent and Trademark Office (USPTO).

Patent applications are now not examined automatically. One has to file a request for examination within the period of 48 months from the date of the application;
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This article was published on 2010/10/20