A patent is the grant of a property right that the government grants to the inventor. A patent gives the inventor exclusive right to manufacture, sell, use, and benefit from your unique idea and protect it from stealing. At the point when a patent is given in a nation or district that asserts the components of your item or procedure, and you wish to market your item in that nation or area, you have numerous alternatives to check and embrace.
WHAT ARE THE VARIOUS TYPES OF PATENTS?
Various sorts of patent applications exist so innovators can ensure various types of creations. Clever designers can use the various types of patent applications to ensure their rights to ensure their developments.
There are three types of patents:
* Utility patents
* Design patents
* Plant patents
When an invention is directed to a new and useful machine, process, manufacture, or composition of matter, or a new and useful improvement, patent applicants can seek a utility patent from the USPTO. It is a long, specialized archive that shows the open how to utilize another machine, procedure, or framework. New advancements like hereditary designing and web conveyed programming are testing the limits of what sorts of innovations can get utility patent insurance.
It is possible to obtain patent protection on a specific ornamental design of an article of manufacture. A design patent protects its aesthetic appearance. Design patents can be issued for the appearance, design, shape, or general ornamentation of an invention. A design patent ensures an elaborate structure on a valuable thing. The state of a container or the plan of a shoe, for instance, can be ensured by a structure patent.
If you have invented, discovered, or asexually reproduced (by means other than from seeds) a new, unique or distinct type of plant, you have the right to register for a plant patent. This includes plants that are cultivated sports, mutants, hybrids, transformed plants, newly found seedlings, algae, or macrofungi, but not a tuber propagated plant. Plant patents have a duration of 20 years from the effective filing date of the corresponding patent application.
PROCESS OF PATENT REGISTRATION:
National and international patents are registered in the USA; individuals can register their local/national patents in their own countries too.
The United States Patent and Trademark Office (USTPO) grants patents to protect inventions and register trademarks.
Following are the basic steps for registration of patent;
FIRST STEP: SEARCH THE PATENT
Use the USTPO search engine to make sure your idea has not already been patented.
SECOND STEP: WHAT KIND OF PATENT DO YOU NEED?
Do the research and study the patent types and determine what type of patent you need.
THIRD STEP: FILE A PATENT PROVISIONAL APPLICATION
you will give specification, abstract, background, summary, and detailed description of your patent. If your application is incomplete or deficient, you will be notified by the Official letter from the USPTO office, known as Office Action. A specific time period will be granted to complete the deficiencies (an extra fee may be required).
Once your application is accepted as complete, it will be assigned for examination.
FOURTH STEP: WORK WITH YOUR PATENT EXAMINER
Your case will be assigned to the Patent Examiner, who will review your application and will be in correspondence with you. You may be called for an interview in support of your patent.
If the Examiner thinks that your application doesnâ€™t meet the requirements, the examiner will explain the reasons. You will have opportunities to make amendments or argue against the examinerâ€™s objections.
If you fail to respond to the examinerâ€™s objections within the required time, your application will be abandoned.
FIFTH STEP: RECEIVE YOUR APPROVAL
If the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance.
That notice of allowance will list the issue fee and include the publication fee paid before the patent being issued.
SIXTH STEP: MAINTAIN YOUR PATENT
Pay maintenance fees and check the status. Maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the issue date for utility and reissue utility patents. If the maintenance fee and any applicable charges are not paid on time, the patent will expire.
A PATENT APPLICATION MAY BE FILED BY AN ATTORNEY OR BY THE INDIVIDUAL
Inventors may prepare their own applications and file them in the USPTO and conduct the proceedings themselves, but they may get into considerable difficulty unless they are familiar with these matters or study them in detail. While a patent may be obtained in many cases by persons not skilled in this work, there would be no assurance that the patent obtained would adequately protect the particular invention.
You can hire a patent attorney to pursue the whole process. If you have chosen legal representation, remember that once an attorney or agent applies, the USTPO will be in correspondence with the attorney or agent. However, inventors can call the USTPO for updates.
A patent application can be filed by mail, fax or can be submitted online.
If your patent application is rejected twice, you can file an appeal with the Patent Trial and Appeal Board.
PATENT FILING & REGISTRATION PROCESS DURATION
The Patent filing process can be a lengthy and expensive one, so if you hope to obtain a patent, you will want to start as soon as possible. It may take 13-18 months to receive your first notification from the USTPO, and the entire process from filling to issuance can take as long as 30 months.
ibulb's Legal freelancer's team
Iblub has leading freelancer experts and attorneys who practice exclusively in the IP field; those freelancers(Looking for a lawyer click here) on iblub offers strategic counsel to clients concerning all aspects of intellectual property. Because we understand the global market's current trends, help small businesses and international corporations understand and leverage their patent rights. With a network of lawyers and associates in a wide range of technical disciplines, we can readily assist our clients wherever they do business.
iblub's legal team works closely with individuals and corporations to guarantee their ideas, inventions, and technologies stay protected to focus on what they make best business growth and progress. Our legal team regularly files patent applications at the United States Patent and Trademark Office (USPTO) and the United States International Trade Commission (ITC).
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