How to File a Patent Application

in Patent

A common misconception about patenting is that the process is always expensive. Whilst it is true that patent agents (or patent attorneys) can command large fees, there is a more cost-effective way for individuals wishing to protect their inventions on a much smaller budget.

It used to be standard practice to send a provisional to the Patent Attorney for slight alterations. Unfortunately, these applications were poorly drafted and non enabling. In spite of this, it was an article of faith that as long as you filed the nonprovisional within one year you would be all right.

Patent application procedures are universally governed by the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement. The Agreement on TRIPS is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation.

You must have a complete knowledge of the process that was taken to bring the invention to completion. This is a must. If you can not or have not documented the entire process, there is a good chance you will not be granted a patent.

The patent filing procedure in India can either be done alone or jointly with a partner, by an inventor or by a legal representative/law firm of deceased assignees. The inventions for which you can file the patent law can range from innovative or useful art, to an apparatus, machine or article.

Preparation and submission to patent counsel of a complete and full written description of the innovation/invention prepared by the creators/inventors (in one or more documents) which provides sufficient technical detail, relevant drawings, useful background information.

Once the specification has been prepared, your patent lawyer will usually email or post it to you for your approval. If you feel that any changes need to be made or further subject matter needs to be included, they should then do this before filing a patent application on your behalf.

A patent attorney may suggest a few things when you first talk to him or her. They should listen to what you've come up with, take a look at it, hear what your ultimate plans and goals are, and discuss your options. Some may recommend a provisional patent application - a sort of place-holder that can have advantageous early-filing benefits.

One is a list of Free Patent Databases and the other is more expensive Paid Databases. The principles of Patent Search remains the same though the methods of doing the patent search will vary from database to database.

Onto the first question: should a lawyer sign an NDA before the inventor discloses his idea to him? Probably not. Attorneys typically owe a duty of confidentiality, imposed by state law, to their clients. Patent attorneys are also subject to federal rules that require client information be kept confidential.

When there is more than one claim, each claim must start with an Arabic numeral. The claims must being numbered consecutively, and to follow good practice, the claims should be grouped and numbered in a logical order for consideration by the examiner which will be assigned to the patent application.

Author Box
tim jhonson has 1 articles online

Read About Patent Attorney Also Read About Patent Law Firms and Patent Drafting America

Add New Comment

How to File a Patent Application

Log in or Create Account to post a comment.
     
*
*
Security Code: Captcha Image Change Image
This article was published on 2010/10/28