How To File A Patent Application

by Alexander Gordon - Date: 2006-12-23 - Word Count: 469 Share This!

Increasing instances of counterfeiting and introduction & marketing of goods or concepts with minor changes have almost mandated original authors or creators to get their products, designs or ideas patented.

Procuring a patent typically takes about two years, however minor or major changes leading to increases or decrease in the specified duration must be accounted for. Also coupled with the unanticipated changes are the associated legal procedures that could further complicate the overall process.

Do Your Research: Before applying for a patent, it is essential to undertake a thorough search and check if anybody else has already patented the concerned product or concept. It is advised to do so as if ignored; it might unnecessarily waste time and other resources spent in applying a patent, which is sure to be rejected

The already patented concepts can be checked, however, the applications in process can be accessed. Any patent application is not made public until 18 months unless so otherwise desired by the applicant who can request an early publication. Whatever be the scenario the applications that have not been made public cannot be refereed.

How to Apply: Patents can be applied through professionals or all by yourself. The grueling formalities and associated official work suggest that it is better to approach through a professional who could be a patent attorney or a patent filling agency.

In any of the mentioned situations, the process remains unchanged and the key steps are outlined below:

File the patent applications along with prescribed fee in the relevant department of the patent office.

These applications are diligently examined and the first examination report is provided to the applicant along the suggestions or objections.

The applicant then is supposed to meet the desired objectives, best if met within 12 months.

In the adverse situation where an applicant is unable to comply with the objections, the application can be abandoned.

Once the objections have been complied with, the application is published in the official journal.

This is the time for filling oppositions, though a hearing on is not a mandate.

Subsequently, if the application is in order and all obligations have been sought, the patent is filed and is open for public inspection.

The duration form the date of inspection to one year thereafter stands as the time of opposition on considerable grounds.

Another feature recently added to this domain is provisional application. This application provides applicant a time period of about 12 months to undertake necessary search before filling full applications. The same has been created by GATT legislation.

Seems complicated is it? The way out is to get certified professionals to take all the pain on your behalf. These agents are as qualified as attorneys, both need to pass the same test, and can file your application on your behalf. Agents are typically cheaper than attorneys. Before hiring any of the mentioned alternatives, make sure to sign requisite confidentiality agreements.

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