Patenting an Idea

By Kapil Ochani


Patenting is a process by which you can get your idea secured and preserved. Your idea remains unique and your invention cannot be copied. If it is copied, you have all the legal rights to sue the person as you have already got your idea patented. A patent preserves your unique idea in such a way that only you have the sole right to create morph or sell that idea. If someone else does so, they are liable to legal action against them unless they have sought permission from you.

If you have a unique concept or an invention, you might think of acquiring it patented. But the procedure of receiving a patent done is extremely laborious. The 1st and also foremost procedure in acquiring a patent done is Patent Research. Patent Investigation involves complete research work by a specialist patent analyst that has knowledge of various techniques to browse all the text as well as image based data sources for any such existing patents. In case he locates an existing patent, you have to place an end to this procedure as the idea might presently exist. On the additional hand, if he does not identify an existing patent, he could recommend you some corrections in order to prevent any conflicts which could develop when the patent is filled.

Once you are completed with the process of patent investigation as well as you do not locate an existing similar idea, you can go ahead and submit the application for your patent. Prior to doing this, you need to choose the classification under which you will file your patent. A few of the categories obtainable are Power patents, Plant patents, Style patent etc each of which can easily have sub classifications hing on the type of your application. Further, you even should understand whether you are submitting a nationwide application, a regional application or a worldwide application.

A national patent application is generally filled within the nation. For instance, if you are living in the United Kingdom, you need to file the application in United Kingdom patent office to obtain the patent in the country of that office. A regional patent application needs to be filled in a regional patent office and will prevail for all those countries who file the application to that particular regional patent office. The European patent office (EPO) is one such example of filing a regional patent application. An international patent application under the patent cooperation treaty provides a centralized patent application process. It is operated by the WIPO (World Intellectual Property Organization) and enables you to file a patent in a particular language. The major advantage of filling an international patent application is that the patent remains valid for all the countries applying to the WIPO and individual applications need not be applied in separate countries which in turn become very cost effective.

As soon as the patent application is filled after consulting your patent representative with appropriate options, you should pay a certain quantity as official patent fees as well as some local patent costs in case you are submitting the patent application with some local patent workplace. This cost is warranted as the application should be translated into the formal language of the states where the protection of your intellectual property is desired. In several locations, different jurisdictions demand repayment of repairs and maintenance fees occasionally in order to maintain the credibility of a patent in the course of it phrase. The term of the patent is once again chosen by you prior to submitting the patent which is generally 20 years. The maintenance charges could vary for various terms.




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