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Patents

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Patents

Today physical boundaries have ceased to exist. In this global village
knowledge travels faster than even the speed of light! Whatever event takes
place in any part of the world you cannot remain immune to new invention,
introduction of new technology, a new scientific finding, new artistic design
or any new R&D.

This new discovery soon becomes available to other people. This is in fact a
threat to the inventor as it can be used by someone else to profit from or for
any other purpose. To protect the right of these inventors the concept of
patents was introduced

This is infact necessary and has been helping individuals, company's and even
countries that otherwise would have been at a disadvantage. For a specified
period the rights are completely exclusives so these inventors can use it for
business purpose and can make fortunes.

A discoverer needs to fill an application form at the patent office where he
will have to furnish all the relevant details about his invention-the purpose
and the usefulness of the discovery should be outlined exhaustively; the
inventor may even be required to use illustrative diagrams. Different countries
may have slightly different procedure but the central idea remains intact. Those
desirous of obtaining patent are required to make their invention public.

After thorough examination the applicant is granted the patent rights. The
patentee can use his discovered baby as per his own requirements and during
those periods no one else is allowed to use the patentee's work for any
purpose-business or personal. After the expiry of the patent periods anyone is
free to use the technology.

Patents are of different types like chemical patent, biological patent,
software patent business method patent, petty patent or innovation patent,
design patent and plant patent.

Although patents are territorial in nature and are mostly governed by the
national laws but these laws are universally recognized. However patents have
been the cause of major disputes too. If the dispute is confined to a national
boundary then the respective country's patent office can intervene but in the
case of international disputes the matter becomes very complicated.

Efforts are being made to bring all patent laws under a single jurisdiction
such as bringing it under the ambit of World Trade Organization. TRIPs
Agreement was a move aimed in this direction and hopefully have also achieved
success.

Paris Convention for the Protection of Industrial Property, European Patent
Convention, European Patent Organization, and Patent Cooperation are some of
the other international forums which are actively trying to ward off
international disputes with regard to patents.

There are those who are against the patent. They argue that patent grant
exclusive rights to a particular individual or company who can use it to
exploit the people by eliminating the competitors. Moreover if the competitor
was somehow late in reporting the discovery then he has to suffer. Patent also
may act as stumbling block in new discovery.

Although arguments and counter-arguments will always exist but it is a known
fact that patent have helped many discoverer in protecting their discovery.

US Patent

Can be stated as an service that is granted by the government and the creator
of such patent is conferred with the sole rights in regards with the usage,
making and the selling of the invention. After a certain thing is invented the
creator of this invention, needs to go through a procedure to get this patent
on a technology or a product. There are various steps of getting a patent and
numerous reasons for getting the same.

The process of getting a patent registered is not an easy process and the
inventor needs to go through a long legal process. The US Patent can be
categorized under three sections i.e. utility patents, design patents and plant
patent. Plant Patent can be granted to any person who discovers or invents and
replicates any different variety of plant, asexually.

The utility patents can be granted to any person who discovers or invents an
innovative and helpful article of manufacture, process, composition of matter
or machine etc. The design patents can be granted to any person who creates and
innovative ornamental and original pattern for a product to be manufactured.

The US Patent office is an organization of the U.S Department of Commerce. The
chief function of this organization is to permit patents for protecting the
valuable inventions and to grant them with the trademarks. This procedure
recognizes the efforts of the inventors thus granting their inventions as a
technology or a product

The US Patent office, in regards to the discharge of the duties of the patent,
studies the grants and applications as to whether the filed patents fit in the
parameters of registration process. This office also distributes and publishes
the information of the patent, maintains the search files of U.S and foreign
patents etc. The US Patent office distributes the copies of the official
records and patents on a public level. Training is also provided to the
practitioners by this office.

The procedure of getting a patent includes a thorough survey of the market that
you wish to enter. One of the most significant steps of getting a patent is that
the inventor needs to prove that there was no prior effort done for such kind of
invention.

Last but no the least the inventor needs to make an application to the USPTO to
be eligible to qualify for the legal procedure. With all these essential steps
of getting a US Patent, you can get your invention on a technology or as a
product.

How to Get A Patent

This question frequently ponders those minds who have invented some useful
thing. If you think that you have invented something useful and you don't want
others to steal or copy then you should file a patent application. All your
hard work will be wasted if you don't get a patent. You should not publicize
your invention until you get a patent.

A patent is a promise made by the government of any country to protect your
invention and to provide you with some exclusive rights, such as you can make,
sell or use the patented item.

It is the best way to protect your invention from unauthorized usage. You can
then take legal action against the person who tries to copy your invention in
any form. If you don't apply for a patent then anyone can copy your invention
and easily make money out of it. If you don't have adequate information on how
to get a patient then it is indeed a difficult job. You can always take help of
the internet if you don't know how to get a patent. To get a patent you should
apply for it. Each country has its own procedure of issuing a patent.

You can also hire a lawyer who has done specialization in patent laws, in case
you don't have the slightest idea about how to get a patent. Many inventors
have successfully obtained patents without taking the help of lawyers.

To get a patent your invention must be new and useful. You should prove that
your invention works. Every invention cannot be patented. You should determine
whether your project is commercially viable. These are the prerequisites to
acquire a patent. Your invention should qualify for a patent.

You should keep a record of your invention. Note down every step of your
invention process. Describe every aspect of your invention. You should also
build a prototype of your invention and test it if possible. All these efforts
should be documented. Make sure that your invention meets all requirements for
getting a patent.

You can either apply for a regular patent or a provisional patent. The next
step is to file a patent application. You may have to spend some time and money
for filling a patent. To get a patent application you have to submit patent
application and pay the application fees. Unless your application is approved
it is not possible to get a patent.

Research the rules and regulations pertaining to patent. Familiarity with
patent laws will help you to get a patent law. Unfamiliarity with these laws
will take you many years to get a patent

If you are not familiar with the laws, you can always take the help of
internet. If you don't have the time to complete the necessary paper work then
you must consult a lawyer.

If you want an international patent then select those areas where you will have
no problem in marketing your invention.

Steps of Getting A Patent

A patent can be described as an invention that is granted by a government and
the creator of such patent is conferred with the sole rights in regards with
the usage, making and selling of the invention. After a certain thing is
invented the creator of this invention, needs to go through a procedure to get
this patent on a technology or a product. There are various steps of getting a
patent and numerous reasons for getting the same.

These steps of getting a patent are not easy and need to be done through a
proper and procedure. This procedure involves a legal process, which is quite
inevitable, and involves spending a lot of money. But for the people who cannot
afford to pay these big amounts can secure their patents by themselves as well.
The Federal Law has authorized the U.S Patent and Trademark Office (USPTO) to
assist those people who have applied for patents without the help of their
lawyers.

But for the people who can hire a patent lawyer can follow the steps of getting
a patent that are prescribed by the attorney thus making you tension free as the
patent will go through a legal process. The vital steps of getting a patent are
that you should be sure that your invention fits the parameters for a patent
and justifies all the criteria's of the invention.

The steps of getting a patent are obligatory for every inventor and the
procedure may take a little long than expected. However, with these steps it
will be easier to obtain long awaited results.

Following are the necessary steps of getting a patent. It is necessary for the
inventor to keep a detailed proof of the invention. It is mandatory to put the
date and sign each entry and keep two responsible people to sign these
documents. At the same time it is also necessary to know that if your invention
matches the parameters of the Patent and Trademark office's board of categories.

Steps of getting a patent include a thorough survey of the market that you wish
to enter. One of the most important steps of getting a patent is that the
inventor needs to prove that there was no prior effort done for such kind of
invention. Last but no the least the inventor needs to make an application to
the USPTO to be eligible to qualify for the legal procedure.

With all these steps of getting a patent, you can get your invention on a
technology or as a product.

How Long Does A Patent Last?

Acquiring a patent for your invention is like protecting your patent from any
form of malpractices. Exclusive rights are given to the inventor that help to
protect the invention. These exclusive rights are granted for a limited period.
However to get a patent your invention must be inventive, new and useful. Every
country has its own methods and criteria for issuing patents.

You cannot get a patent unless your invention is something constructive. It
must also be new. A mere idea or a suggestion cannot give you a patent. Methods
of doing printed matter or business cannot be patented. A person desiring a
patent for his or her invention should be confident that the invention will be
useful for others. Many inventors after getting a patent ask the question that
how long does a patent last. This article will give information to those who
have no knowledge about how long does a patent last.

How long does a patent last will depend on the type of patent. A patent can
either be a utility patent or a design patent. Utility patents are given more
time duration than design patent. Utility patents protect any new functional
improvements or invention on existing inventions.

The existing invention can be a composition, machine, product or even a
process. For example if you want to invent a better carburetor or a new recipe
then you would require a utility patent. Generally utility patents are given a
duration of 20 years. In case of utility patents the duration is calculated
from the day you file the patent application.

14 years are granted for design patent. In case of design patents the duration
is calculated from the day your patent is granted. Design patent protect the
configuration, ornamental design, shape or form of an invention or improved
decorative appearance. If you want to change an existing product in style then
you will have to apply for a design patent.

Duration can be extended under exceptional situations. After the duration of
the patent expires, the person who owns the inventions loses the right of
excluding others from utilizing his or her invention. That means anyone can now
use the invention without taking any permission from the patent holder. It is
must to get a patent for an invention to protect it from malicious intentions.

But if anyone tries to use the invention before the patent expires, then the
patent holder can take legal action against that person. During this period
copying any form such as photocopy, electronic, mechanical is strictly
prohibited. Any other person also cannot sell or import the invention. Patents
have played a very important role in curbing such mal practices.

Typically patent owners can seek monetary compensation to those who violate
patent laws before the patent expiry period. Once the patent period becomes
invalid, you cannot simply do anything against these infringers.

In most countries, individuals as well as corporate companies are granted
patents.

The Cost of Getting A Patent

A patent protects your valuable invention from unauthorized usage. Just imagine
you doing all the hard work and someone else taking the credit. You can avoid
such a situation by applying for a patent. Once you obtain a patent no one can
steal or copy your patent. A patent is nothing but a set of rights that are
given by the government in order to protect your invention from any
unauthorized usage. A person who disobeys the patent laws is likely to go to
jail.

If you have entrusted the responsibility of acquiring a patent to a lawyer then
the cost for getting a patent is high. Cost for getting a patent is
comparatively less if you decide to acquire a patent on your own. You should
have sufficient knowledge about patent laws if you decide to get a patent on
your own. If you want to keep the costs down then you should have a thorough
knowledge about how to get a patent.

If you don't have any knowledge about the cost for getting a patent then you
can always refer the internet. Cost for getting a patent in the European
countries is more as compared to cost of getting a patent in United States.

Estimating the cost for getting a patent depend on the invention you have
invented. It also depends on the technology that is used in the invention. The
fee structure in most countries for getting a patent has changed.

In United States the patent filing fee that you have to pay now in the Patent
office is around $150.00. This fee is also applicable to small companies who
have less than 500 employees. Previously the filing fee was $395.00. In
addition to filing fee you also have to pay search fee of $250.00 for
individual inventors as well as small entities. You are also required to pay an
examination fee of $100. This examination fee is taken by the examiner who
carefully examines your application to ensure that the invention is indeed a
new one.

Therefore if you want to successfully launch your patent application then the
total fee then you have to pay is $500.00. 17 dependent claims and 3
independent claims are covered in this initial fee. More independent claims
will cost you more money.

The patent office will not give you patent unless you deposit issue fees. At
present issue fee for an individual inventor is about $700.00. So even without
paying any attorney fees, the lowest amount you have to pay is around
$1200.00.This sounds a bit expensive. If your invention is indeed useful then
you can easily recover this money. You are not allowed to pay this fee in
installments.

Another cost that is associated with patent filing applications are the making
of patent drawings. If you don't know how to create patent drawings then you
can always hire some one who can. Professionals who can do this job generally
take around $125.

An attorney fee varies according to the geographical market and is around 250
dollars per hour.

Using an Agent When Applying For A Patent

Today we are living in a technology era where every other a new invention or
new discovery takes place. New technology, new invention and new gadgets are
constantly being developed.

Patents provide exclusive rights to inventors to protect their invention from
being used by others for a specific period of time. Today constant up gradation
of existing technology and invention of new technology has become very common.

Earlier, in spite of hard work the discoverers had to suffer because there
product or concept were being utilized by others for making money. This
disheartened them. In order to protect the interests of these individuals
patents were introduced.

A patent can help individuals, company's and even countries that otherwise
would have been at disadvantage. Since for a particular specified period the
rights are completely exclusives so these inventors can use it for business
purpose and can make fortunes. Patents are of different types like chemical
patent, biological patent, software patent business method patent, petty patent
or innovation patent, design patent and plant patent.

Today each nation has their own patent office which is responsible for granting
patents to the discoverer. The inventor is provided with an application form at
the patent office; in the application form he has to furnish all the relevant
details about his invention-the purpose and the usefulness of the discovery
should be outlined exhaustively; the inventor may even be required to use
illustrative diagrams to put forth his point.

Anyone who wants to patent their product or technology has to get in touch with
a patent agent. These agents are authorized by the government and have got
rights to help the applicant in patenting his product. Those desirous of
obtaining patent are required to make their invention public. While doing so
the applicant constantly takes advice of the patent agent.

These patent agents provide all kinds' legal advice and other related advice to
the applicant. These agents have to first register themselves at the patent
office; the procedure for registration may very from country to country.
Whenever in problem, the applicant or even those who have been awarded patent
can seek the help of patent agent.

Patents have also been the cause of major disputes. If the dispute is confined
to a national boundary then the respective country's patent office can
intervene and take steps to protect the rights of the inventor. But when the
disputer crosses the national boundaries then matter becomes too difficult to
handle.

Understanding the complexities if international disputes, countries are making
concerted efforts bring all patent laws under a single jurisdiction such as
bringing it under the ambit of World Trade Organization.

Paris Convention for the Protection of Industrial Property, European Patent
Convention, European Patent Organization, and Patent Cooperation are some of
the other international forums which are actively trying to ward off
international disputes with regard to patents.

Patent agents are of great help and have helped many to solve complex problems
related to patents. However, an individual should verify the credentials of the
agents before seeking their help.

Seeking A Professional Patent Attorney

Patents provide exclusive rights to inventors to protect their invention from
being used by others for a specific period of time. Today constant up gradation
of existing technology and invention of new technology has become very common.

Earlier the inventors were always in tenterhooks and were always in fear that
their discovery for which they toiled hard will be used for others for making
profits. This disheartened them. In order to protect the interests of these
individuals patents were introduced.

Today each nation has their own patent office which is responsible for granting
patents to the discoverer. The inventor is provided with an application form at
the patent office; in the application form he has to furnish all the relevant
details about his invention-the purpose and the usefulness of the discovery
should be outlined exhaustively; the inventor may even be required to use
illustrative diagrams to put forth his point.

Anyone who wants to patent their product or technology has to get in touch with
a patent attorney. These patent attorneys are authorized by the government and
have got rights to help the applicant in patenting his product. Those desirous
of obtaining patent are required to make their invention public. While doing so
the applicant constantly takes advice of the patent attorney.

In case of any disputes these patent attorneys represent their client at the
patent office. In case of legal disputes which have crossed the national
boundaries they can still represent their client if the governing body
authorizes them to do so.

Different countries may lay down different requirements for an individual to
become eligible for becoming a patent attorney. The patent office has the list
of discoveries which have been patented so far; it helps the discoverer to know
whether the concept on which he has put his mind, body and soul is a new idea or
is a stale idea.

Patents are of different types like chemical patent, biological patent,
software patent business method patent, petty patent or innovation patent,
design patent and plant patent. Patents have also been the cause of major
disputes. If the dispute is confined to a national boundary then the respective
country's patent office can intervene and take steps to protect the rights of
the inventor. But when the disputer crosses the national boundaries then matter
becomes too difficult to handle.

Today every other day we find markets being flooded with new products. New
technology, new inventions and new gadgets are constantly being developed.

Patent has helped several individuals, company's and even countries that
otherwise would have been at disadvantage. Since for a particular specified
period the rights are completely exclusives so these inventors can use it for
business purpose and can make fortunes.

Understanding the complexities if international disputes, countries are making
concerted efforts bring all patent laws under a single jurisdiction such as
bringing it under the ambit of World Trade Organization.

Paris Convention for the Protection of Industrial Property, European Patent
Convention, European Patent Organization, and Patent Cooperation are some of
the other international forums which are actively trying to ward off
international disputes with regard to patents.

In case of any problems it is always better to seek the suggestions of a patent
attorney as this professional can guide in the best manner.

International Patents

A patent refers to a set of rights that are given to an inventor by a state for
a fixed duration. The fixed period is generally 20 years and these exclusive
rights can be licenced, sold, mortgaged, given away, transferred or simply
abandoned In exchange the inventor should disclose or share his or her
invention with the public.

Invention can be a useful process, article of manufacture, composition of
matter or machine. This procedure for awarding patents varies between
countries. It all depends on international agreements and their national laws.

Your patent application should define your invention which should be useful,
new inventive or industrially applicable. Certain subject areas such as mental
acts and business methods are left out from patents. In most countries the
exclusive right that is granted to an inventor is to prevent others from
selling, using, making or importing that invention.

If you violate these you may land up in jail. For example an inventor' theory
is published in some book. No other publication is allowed to publish this
theory without the publisher's consent. If the theory is found in some other
publication then the publisher can sue the owner of that publication. Even
though patent laws have become strict, there are many who violate these laws.
The best example of violation of international patent laws is the thriving
market of pirated CDs of various movies. Steps are being taken to stop this
illegal activity.

A patent application that is filed under PCT (Patent cooperation treaty) is
often referred to as patent application. This treaty provides you a unified
procedure to file a patent application.

Examples of some patents for invention are software patents, chemical patents,
business method patents and biological patents.

A patent does not mean you have the right to use or practice the invention.
Patents can be enforced using civil law suits. Any one who applies for a patent
at international level is required to prove that their invention is new.

International patents are exclusive rights that are not only applicable to a
particular country but to many countries. Fortunately there are many
international treaties that help to apply for patent protection.

If you want to search any international patent application, you can always the
help of the internet. There are some websites that contain international patent
application. If you have invented something new and are in applying for an
international patent then you must do the following:

You should first decide which geographical territories i.e. countries you want
to cover.

You should pick up those areas of the globe where you think that you that your
invention would be easily marketable. Identify the fee requirements of those
countries where you interested to apply for a patent. Many countries have their
own procedures to obtain international patent; familiarize yourself with all
these procedures.

Fulfill all requirements that are necessary to obtain an international patent.
There are some online libraries that provide rules about various countries in
order to obtain an international patent. If necessary consult a lawyer who is
an expert in international patent law.

Searching For A Patent

Fear grips many inventors because they are always apprehensive that some people
may use their invention or new concept for making profit. And in spite of hard
work he will be a loser. To protect the rights of these individuals the concept
of patent came into force.

Patent provides an individual or an organization exclusive rights which enable
them to protect their concept or idea from being used by someone else. The
patent rights are there for a particular period of time; after which any other
person or organizations are free to use the concept or idea.

If during these specified period if someone else tries to use the technique for
their own benefit then it is illegal and the patentee can take legal action
against the offender. However, if anyone tries to use the patentee's concept,
product or technique to make profits then this is termed a patent infringement.

This is why it is always advised that those who are applying for the patent
should go for patent search. Patent search helps to provide and individual with
an idea that whether the product for which he is seeking patent is already
patented or not. Patent search can be done in different ways. There are today
online sites where the patent search can be done; these online sites will
provide the lists of the entire patent from all over the world.

The respective patent office in each country has also information regarding the
patents in that particular country and also about the products or concepts which
have been patented all over the world. This also helps a lot in patent search.

Patent infringement means others trying to use a patentee's technique for
making profit or for his personal motive without taking the consent of the
patentee. It is illegal and the patentee has all the rights to take legal
action against those persons or organization.

So, if as proper patent search has been done then the chances of patent
infringement is minimized.

Different countries have different laws to deal with the infringement but every
country tries to protect the right of the patentee. The patentee may too provide
various excuses as to why he did resort to such an illegal procedure. They may
try to prove that the patentee has adopted illegal means to obtain patent
rights and at the time of filing the application that particular method or
technique were already being used by some others.

The most important thing is that the application must be properly prepared
because complete application which presents the case strongly goes a losing way
in ensuring that the applicant is granted the patent. So, a patentee should
carefully prepare the patent application.

An applicant before filing foe patent should do proper patent search and should
confirm from all the sources that his product is unique and has not been
patented. After properly verifying he should go for filing the application for
patent.

This will help him to ward off any trouble which would have otherwise created
problem for him.

Patent Infringement

Patent provides an organization or individual exclusive rights to protect their
products or concepts from the others. For a specified period of time the patent
rights are provided to the individual and during those specified period the
patentee is free to use his concept for doing business or for any personal
purposes.

However, if anyone tries to use the patentees' concept, product or technique to
make profits then this is termed a patent infringement. If an individual is
protected by means of a patent infringement insurance plan, then it would prove
to be most helpful in such situations.

Patent infringement means others trying to use a patentee's technique for
making profit or for his personal motive without taking the consent of the
patentee. It is illegal and the patentee has all the rights to take legal
action against those persons or organization.

Different countries have different laws to deal with the infringement but every
country tries to protect the right of the patentee. The patentee may too provide
various excuses as to why he did resort to such an illegal procedure. They may
try to prove that the patentee has adopted illegal means to obtain patent
rights and at the time of filing the application that particular method or
technique were already being used by some others.

The patentee has to provide all the proofs to claim his rights otherwise he may
end up being a loser. Generally the application is filed in the patent office
which falls under the jurisdiction of the applicant which in majority of the
cases is the country in which the applicant is residing. However there are
regional forums also like European Patent Office where also the application can
be filed.

Patent office also contains different types of application which can be used
for different purposes. In the patent prosecution process the applicant has to
interact with the patent office as why he should be granted patent of the
respective product. There are different types of patents such as plant patents,
software patents, design patents and utility patents.

There are two type infringement direct infringement and indirect infringement.
In case of direct someone directly tries to copy the techniques of the patentee
while in case of indirect a third party who is the supplier of the product is
involved.

There is patent infringement insurance too available wherein the insurance
company takes the responsibility of providing economical help to the patentee
in case he has to suffer any loses. Nowadays the term patent pirates are also
being used in place of patent infringement.

The applicant has to file for patent infringement insurance; the insurance
company then promises to take care of the losses which the patentee may suffer
in case of any infringement. The patent insurance is helping much organization
from getting protection from behemoth organization which used their money power
to harass the patentee.

In case of patent infringement insurance the patentee should be prompt in taking 
legal actions which will help them to protect their rights; if he is late then 
in future the patentee may be the ultimate loser. This helps in protecting the 
rights of the patentee.




Provisional Patents

The provisional patent concept was introduced in the United States of America
on June 8, 1995. This is infact first filing for the patent; it is also cheap.
The patent in the United States lasts for 20 years; the date is calculated from
the effective filing date. But a foreigner can have the privilege of patenting
their product for maximum of 21 years. This is possible because they can first
file for patent in their home country and later they can file for patent in the
United States of America.

Provisional patent is a means by which you can apply for an early patent; it
works somehow like patent pending. The provisional patent is generally filled
before filing of the actual non-provisional patent.

There are no specific guidelines related to filing a provisional patent. A
provisional cover sheet is provided which should be put along with the
provisional application. The filling of the form is simple; you can fill it on
your own or you can take the help of a professional for filling the application
form. There are sites which provide detail instructions regarding the filling of
the application form.

Provisional patent lasts for just 12 months which is not extended in any
circumstances. So if a patentee wants to extend the period of his patent beyond
12 months then he must definitely file for non-provisional patent and this
should be done within the 12 months. If he fails to file a non-provisional
patent within the specified period then his patent period will expire. While
filing for a non-provisional patent he should provide reference of the
provisional patent.

Patent provides an organization or individual exclusive rights to protect their
products or concepts from the others. For a specified period of time the patent
rights are provided to the individual and during those specified period the
patentee is free to use his concept for doing business.

The application for patent is filed in the patent office which falls under the
jurisdiction of the applicant which in majority of the cases is the country in
which the applicant is residing. However there are regional forums also like
European Patent Office where also the application can be filed.

The most important thing is that the application must be properly prepared
because complete application which presents the case strongly goes a losing way
in ensuring that the applicant is granted the patent. So, a patentee should
carefully prepare the patent application.

The applicant for patent has to go through the process of patent prosecution
wherein he has to interact with the patent office as why he should be granted
patent of the respective product.

There are different types of patents such as plant patents, software patents,
design patents and utility patents. Patent office also contains different types
of application which can be used for different purposes.

If a provisional application is converted to non-provisional application then
the application is measured from the date when the provisional application was
filed. This is major drawback of this because here the applicant loses a vital
one year. Many inventors are today going for provisional patent because of its
usability.

Patent Law

In absence of physical boundaries, knowledge and idea free flows, uninterrupted
and unhindered, from one place to the other place. An incident in one corner of
the world affects people residing in any other part of the world.

In this knowledge era people are constantly engaged in designing new
masterpiece of their own. New inventions, new technology and new gadgets are
regularly being introduced in the market.

However, since knowledge flows very fast there are umpteen chances of the
knowledge being copied by others for some business purpose. This might be
harmful for the discoverer because he had toiled hard to discover the new
technology but at the end of the day he finds someone else making fortunes of
his hard work.

To protect the rights of these discoverer patent laws were introduced. This is
infact necessary and has been helping several individuals, company's and even
countries that otherwise would have been at disadvantage. Since for a
particular specified period the rights are completely exclusives so these
inventors can use it for business purpose and can make fortunes.

The inventor is provided with an application form at the patent office where he
will have to furnish all the relevant details about his invention-the purpose
and the usefulness of the discovery should be outlined exhaustively; the
inventor may even be required to use illustrative diagrams. Different countries
may have slightly different procedure but the central idea remains intact. Those
desirous of obtaining patent are required to make their invention public.

A thorough examination is done, after verifying all the relevant documents and
understanding the usefulness of the application the applicant is granted the
patent rights. The patent law grants a patentee exclusive rights to use his
discovery as per his own requirements and during those periods no one else is
allowed to use the patentee's work for any purpose-business or personal. After
the expiry of the patent periods anyone is free to use the technology.

Patents are of different types like chemical patent, biological patent,
software patent business method patent, petty patent or innovation patent,
design patent and plant patent. Patents have been the cause of major disputes
too. If the dispute is confined to a national boundary then the respective
country's patent office can intervene but in the case of international disputes
the matter becomes very complicated.

Efforts are being made to bring all patent laws under a single jurisdiction
such as bringing it under the ambit of World Trade Organization. TRIPs
Agreement was a move aimed in this direction and hopefully have also achieved
success.

Paris Convention for the Protection of Industrial Property, European Patent
Convention, European Patent Organization, and Patent Cooperation are some of
the other international forums which are actively trying to ward off
international disputes with regard to patents. There are those who are against
the patent law.

They argue that patent grant exclusive rights to a particular individual or
company who can use it to exploit the people by eliminating the competitors.
Patent law has protected many discoverers but if some loopholes are there then
it should be immediately corrected.

Patent has helped many discoverer and have provided them assurance that their
work will be recognized and the hard work which they are putting in won't go
wasted. It is a known fact that these inventors toil day and night and finally
come out with a new concept but there are always someone who is always ready to
grab this new concept for their own benefit.

Patents came into force to protect the rights of these individuals who always
believe in seeing tomorrow and are constantly trying to bring something new in
this world. This is why today we see markets being flooded with plethora of new
products. New technology, new invention and new gadgets have become have daily
phenomenon. A discoverer needs to protect his concepts and idea from being
stolen by someone else.

To protect the rights of these discoverers patent an idea was brought into
force. This is has been helping several individuals, company's and even
countries that otherwise would have been at disadvantage. Since for a
particular specified period the rights are completely exclusives so these
inventors can use it for business purpose and can make fortunes.

Today each nation has there own patent office which is responsible for granting
patents to the discoverer. The inventor is provided with an application form at
the patent office; in the application form he has to furnish all the relevant
details about his invention-the purpose and the usefulness of the discovery
should be outlined exhaustively; the inventor may even be required to use
illustrative diagrams to put forth his point. Different countries may have
slightly different procedure but the central idea remains intact. Those
desirous of obtaining patent are required to make their invention public.

The patent office has the list of discoveries which have been patented so far;
it helps the discoverer to know whether the concept on which he has put his
mind, body and soul is a new idea or is a stale idea.

Patents are of different types like chemical patent, biological patent,
software patent business method patent, petty patent or innovation patent,
design patent and plant patent.

Patents have also been the cause of major disputes. If the dispute is confined
to a national boundary then the respective country's patent office can
intervene and take steps to protect the rights of the inventor. But when the
disputer crosses the national boundaries then matter becomes too difficult to
handle.

Understanding the complexities if international disputes, countries are making
concerted efforts bring all patent laws under a single jurisdiction such as
bringing it under the ambit of World Trade Organization.

Paris Convention for the Protection of Industrial Property, European Patent
Convention, European Patent Organization, and Patent Cooperation are some of
the other international forums which are actively trying to ward off
international disputes with regard to patents. Patent has helped many genuine
discoverers to get recognized for the work which they do. They are now sure
that today are or tomorrow they will be recognized for the efforts they have
been put in.

Invention Patent

An easy way to protect your invention from copying in any form is by applying
for an invention patent. Protecting the invention from any unauthorized usage
is the right of every invention. The inventor can exercise this right using an
invention patent. Generally people have a habit of copying something that is
invented and which is useful.

These people without taking prior permission from the inventor publish it in
the books and earn lot of money. To stop these malpractices, you can take the
help of invention patent. If you have an invention patent and some other person
with hateful intentions is trying to copy or sell your invention without your
permission then you can sue that person.

If the person is found guilty then he or she is bound to go to jail. Patent
laws prevent others from using, making, importing or selling your invention;
this is applicable for a limited period

If you want to give a new style, configuration, ornamental design or decorative
appearance to an existing invention then you have apply for a design patent.
Design patent does not allow to improve the function of the existing product. A
design patent has a limited period of 14 years.

If you want to functionally improve an existing invention then you have to
apply for a utility patent. The existing invention can be a process or a
machine.

In order to get an invention patent make ensure that your patent qualifies the
eligibility criteria. You will be getting a patent only if your invention is
useful to mankind. It should also be inventive and new.

Although you yourself cannot use the invention even if you get the patent, you
can exclude others using or selling the patented invention for a period of 14
to 20 years.

In fact an invention patent is nothing but a right that is temporary which is
offered by the government. In exchange you have to share the details about your
invention with the public. Once you get an invention patent you have the right
to sell, mortgage, transfer or assign it to other person. This deal may fetch
you enormous amount of money.

Patent laws differ slightly in some countries. Acquiring an invention patent
does not mean that the owner can exploit the patent. For instance many
inventions nowadays are enhancements of prior inventions which are still
protected by the owner of the patent. To build an improved version of an
invention you must take permission from the patent owner of that invention.

You can enforce patents through civil suits. In some territories criminal
penalties are sentenced to people who break patent laws. This discourages the
infringer from doing any future infringement activities. But if you apply for
compensation for infringement after the time period of invention patent then
you are not liable to get any compensation in the form of money.

In order to get an invention patent, you have to pay some money to the
concerned patent office of that country.

Patent Pending

When an applicant who has filed for the patent but has not been granted patent
i.e. his patent application is under consideration then the term patent pending
applies. Patent pending enables an applicant to prevent their invention from
being used by others. So they can use the term patent applied for etc to warn
others from using their invention for their own purpose.

However, there are also rules which warn those who try to marks any product or
procedure as patent pending; different countries adopt different policies s far
as patent pending requests are concerned. To patent a product one has to submit
an application in the patent office; upon verification the application is
either accepted or rejected. In the application the applicant provides detail
about his invention and makes claim that he should be given patent of the
product or concept which he has invented.

Generally, the application is filed in the patent office which falls under the
jurisdiction of the applicant which in majority of the cases is the country in
which the applicant is residing. However there are regional forums also like
European Patent Office where also the application can be filed.

The applicant goes through the process of patent prosecution wherein he has to
interact with the patent office as why he should be granted patent of the
respective product. The applicant has to put forth strong argument-he should
prove that the invention which he is claiming to be his own is beneficial to
the society and if patent is granted to him then this won't become a stumbling
block in the invention of the new product. There is also patent litigation
which deals with the legal aspects of the patent.

There are different types of patents such as plant patents, software patents,
design patents and utility patents. Patent office also contains different types
of application which can be used for different purposes.

There are several cases wherein during the patent period someone tries to use
the concept of the patentee for business purpose or for some other purpose.
This is termed as patent infringement. Patent infringement means others trying
to use a patentee's technique for making profit or for his personal motive
without taking the consent of the patentee. It is illegal and the patentee has
all the rights to take legal action against those persons or organization.

Different countries have different laws to deal with the infringement but every
country tries to protect the right of the patentee. The patentee may too provide
various excuses as to why he did resort to such an illegal procedure. They may
try to prove that the patentee has adopted illegal means to obtain patent
rights and at the time of filing the application that particular method or
technique were already being used by some others.

So it is imperative that the patent application forms should be filled with
utmost care. And during the patent pending period too it must be ensured that
the others are not trying to use the applicant's product for their own benefit.

Working with A Patent Lawyer to Protect Your Invention

Patents are there to protect the rights of individuals who have been putting
lots of hard work to bring something new to this world. Every other day we find
markets being flooded with new products. New technology, new invention and new
gadgets are constantly being developed.

A discoverer has to protect his concepts and idea from being stolen by someone
else. And so patent is a necessity. In order to protect the rights of these 
discoverers patent was introduced. It has been helping several individuals, 
company's and even countries that otherwise would have been at disadvantage. 
Since for a particular specified period the rights are completely exclusives so 
these inventors can use it for business purpose and can make fortunes.

Today each nation has their own patent office which is responsible for granting
patents to the discoverer. The inventor is provided with an application form at
the patent office; in the application form he has to furnish all the relevant
details about his invention-the purpose and the usefulness of the discovery
should be outlined exhaustively; the inventor may even be required to use
illustrative diagrams to put forth his point.

An inventor needs to get in touch with a patent lawyer. These patent lawyers
are authorized by the government and have got rights to help the applicant in
patenting his product.

Different countries may have slightly different procedure but the central idea
remains intact. Those desirous of obtaining patent are required to make their
invention public. During the whole process the applicant can take the help of a
patent lawyer.

In case of any disputes these patent lawyers represent their client at the
patent office. In case of legal disputes which have crossed the national
boundaries they can still represent their client if the governing body
authorizes them to do so.

Different countries may lay down different requirements for an individual to
become eligible for becoming a patent lawyer. The patent office has the list of
discoveries which have been patented so far; it helps the discoverer to know
whether the concept on which he has put his mind, body and soul is a new idea
or is a stale idea.

Patents are of different types like chemical patent, biological patent,
software patent business method patent, petty patent or innovation patent,
design patent and plant patent.

Patents have also been the cause of major disputes. If the dispute is confined
to a national boundary then the respective country's patent office can
intervene and take steps to protect the rights of the inventor. But when the
disputer crosses the national boundaries then matter becomes too difficult to
handle.

Understanding the complexities if international disputes, countries are making
concerted efforts bring all patent laws under a single jurisdiction such as
bringing it under the ambit of World Trade Organization.

Paris Convention for the Protection of Industrial Property, European Patent
Convention, European Patent Organization, and Patent Cooperation are some of
the other international forums which are actively trying to ward off
international disputes with regard to patents. If you are having any problem
with patents hen do take help of the patent lawyers.

Land Patents

Provide you exclusive right to become the proprietor of the land. Once you
become a proprietor you are free to use the land as per your own wish. You can
use it for personal, commercial or other purpose as per your requirements.

Right, title or interest to a tract (or piece) of land is exclusively granted
to an individual or to a private company for their purpose by the government of
that country. Different countries may have some different procedure for granting
exclusive rights but the central idea remains the same. These land patents are
also referred by some different names like final certificate or first title
deed.

The government has lands which it provides to other people so that they can use
that tract of land for earning livelihood or for building residential house. The
government may have acquired the land by different means. For example in United
States the government acquired the land from France, Mexico, Spain, Russia,
Hawaii, England, and from the Native American Indians.

The lands were either obtained by peaceful treaty and negotiations or by war.
The United States had to fight battle with the Native American Indians to get
lands. After the Revolutionary War for Independence from England the States was
able to acquire vast tract of land. After the acquisition these lands were
exclusively reserved for the citizens of United States.

The land patent makes you the heir of the land and by becoming the heir you
have the exclusive rights to name the heir of your land whenever you desire
doing so. Once you sign the land patent you become the proprietor of the land
forever and no law can force to vacate the land unless and until specified in
the patent.

If you committed some frauds or have been involved in other illegal acts then
you may be debarred from occupying or using the land. The patentee is free to
assign his land to other person who he feels so; the documents which carry the
detail of such transactions are called as deeds.

You have to sign the document which is called as "Declaration of Land Patent".
Signing of this document clearly indicates that you have accepted all terms and
conditions and accordingly you have been allowed to acquire the piece of land.

There are those who are against the land patent. They argue that these patents
have lost its efficacy in the present time and do not hold good. The major
reasons for such negativity is the ignorance, people are today not at all aware
of the land patents and so they do not go for it. So it is very important that
the people should be made aware about it. Public awareness is the nee of the
time and the government should take steps in this direction.

Although arguments and counter-arguments will always exist but it is a known
fact that patent have helped many people and are also helping more event today.
So if you want to own a land go opt for land patents.

Patents and Trademarks

Any organizations in order to distinguish their product from others use certain
symbols, signs or logos. This is termed as trademark or patent; it is a kind of
intellectual property right. Here the organization has a specific product which
is prepared by their own R&D and they try to ascertain that no one uses their
products or the concept which was used to prepare their products.

In order to do so it is very much essential these organization starts using
some kinds of identification such as name, logo, symbol or even a combination
of these. These identification helps in establishing the uniqueness of the
product and hence other organizations are barred from using the techniques
adopted by the companies for selling their own product.

Patents and trademarks provide an organization exclusive rights which help them
to protect their concept or idea from being used by someone else. The patent and
trademarks rights are there for a particular period of time; after which any
other person or organizations are free to use the concept or idea. If during
these specified period if someone else tries to use the technique for their own
benefit then it is illegal and the patentee can take legal action against the
offender.

To patent a product one has to submit an application in the patent office; upon
verification the application is either accepted or rejected. In the application
the applicant provides detail about his invention and makes claim that he
should be given patent of the product or concept which he has invented.

In case of patents and trademarks infringement then the title-holder has all
the right to initiate legal action against the person or organization that has
violated the clause. Different countries have different laws to deal with the
infringement but every country tries to protect the right of the patentee. The
patentee may too provide various excuses as to why he did resort to such an
illegal procedure.

Trademarks are essential because it helps the marketers to create a brand image
of their product. The general masses are able to identify the product through
these trademarks. In the advertisement too trademarks are used; these
trademarks help in creating image of the product in the eyes of the customers.
The symbol  or  to indicate that the organization has gone for the trademark;
when the symbol  is used it means that the organization has not gone for the
government approval but when the symbol  is used it means that the government
has gone for prior approval from an authorizing agency such as the government.

It is imperative that the patents and trademarks should be continuously used in
lawful manner otherwise its validity will expire. In most of the cases if the
trademarks is not used for 5 years then its validity expires and one may have
to go for renewal which may or may not be given depending on the situation.

Patents and trademarks are helping many genuine inventor and organization from
protecting their invention from the others.

Software Patents

Relate to a software product or discovery in the field of software. Software
patent is higly controversial and there are people who are for it and there are
those who consider it a stumbling block in the invention and development of new
software product.

Patent provides an organization or individual exclusive rights to protect their
products or concepts from the others. For a specified period of time the patent
rights are provided to the individual and during those specified period the
patentee is free to use his concept for doing business. However if anyone tries
to use the patentees concept, product or technique to make profits then this is
termed a patent infringement.

The application for patent is filed in the patent office which falls under the
jurisdiction of the applicant which in majority of the cases is the country in
which the applicant is residing. However there are regional forums also like
European Patent Office where also the application can be filed.

The most important thing is that the application must be properly prepared
because complete application which presents the case strongly goes a losing way
in ensuring that the applicant is granted the patent. So, a patentee should
carefully prepare the patent application.

The applicant for software patent has to go through the process of patent
prosecution wherein he has to interact with the patent office as why he should
be granted patent of the respective product. The applicant has to put forth
strong argument-he should prove that the software invention which he is
claiming to be his own is beneficial to the society and if patent is granted to
him then this won't become a stumbling block in the invention of the new
product. There is also patent litigation which deals with the legal aspects of
the patent.

There are different types of patents such as plant patents, software patents,
design patents and utility patents. Patent office also contains different types
of application which can be used for different purposes.

There are many free software programs which are available for the use of the
people in general; so if patents are provided then there remains a fear that it
will hamper the growth of the software product. It was because of this many
software programmers were unable to continue with their research work because
they were unable to pay the fee asked by the company who had got license of
that particular software programs.

Understanding the problem many software firms such as Microsoft, IBM etc.
offered free patent license which enabled many developers to carry on with
their research work. This was indeed commendable but in many cases still the
developers have to suffer the most for want of money or resources.

Although software companies are trying hard that software patent should not
become a stumbling bloc in the invention of new software products; still much
is needed to be done.

So it is imperative that the patent application forms should be filled with
utmost care. And during the patent pending period too it must be ensured that
the others are not trying to use the applicant's product for their own benefit.

A Patent Application

A patent provides an organization exclusive rights which help them to protect
their concept or invention from being used by someone else. The patent rights
are there for a particular period of time; after which any other person or
organizations are free to use the concept or idea. If during these specified
period if someone else tries to use the technique for their own benefit then it
is illegal and the patentee can take legal action against the offender.

To patent a product, one has to submit an application in the patent office;
upon verification the application is either accepted or rejected. In the
application the applicant provides detail about his invention and makes claim
that he should be given patent of the product or concept which he has invented.

Generally the application is filed in the patent office which falls under the
jurisdiction of the applicant which in majority of the cases is the country in
which the applicant is residing. However there are regional forums also like
European Patent Office where also the application can be filed.

The applicant has to go through the process of patent prosecution wherein he
has to interact with the patent office as why he should be granted patent of
the respective product. The applicant has to put forth strong argument-he
should prove that the invention which he is claiming to be his own is
beneficial to the society and if patent is granted to him then this won't
become a stumbling block in the invention of the new product. There is also
patent litigation which deals with the legal aspects of the patent.

There are different types of patents such as plant patents, software patents,
design patents and utility patents. Patent office also contains different types
of application which can be used for different purposes.

Standard application format is available in the patent office wherein the
applicant provides all the details about his invention and strongly argues for
the patent. After proper verification he may or may not be granted the patent
of the product. The provisional patent application is also one of the ways by
which one can apply for the patent. The concept was introduced in the United
States of America on June 8, 1995. This is infact first filing for the patent;
it is also cheap.

If someone is interested in continuing with the patent then they could go for
filing a standard patent application. Some patent offices allows for
continuation of the previous patent application. The continuous application
process can be either in parts or in full depending on the applicant's desire.

In the case of the divisional application the existing application is divided
into various parts but while doing do the original date of the filing of the
application remains intact.

The most important thing is that the application must be properly prepared
because complete application which presents the case strongly goes a long way
in ensuring that the applicant is granted the patent.

So, a patentee should carefully prepare the patent application.

The US Patent Office

The procedure of getting a patent is not easy and needs to be done through a
proper procedure. This procedure involves meticulous legal process, through
which it has to go through, and involves spending a lot of money. However, for
people who cannot afford to pay these big amounts can secure their patents by
themselves. The Federal Law has authorized the U.S Patent Office and Trademark
Office (USPTO) to assist the people who have applied for patents without the
help of their lawyers.

A patent can be stated as an invention that is granted by a government and the
creator of such patent is conferred with the sole rights in regards with the
usage, making and the selling of the invention. After a certain thing is
invented the creator of this invention, needs to go through a procedure to get
this patent on a technology or a product. There are various steps of getting a
patent and numerous reasons for getting the same

The united patent Office is an organization of the U.S Department of Commerce.
The primary function of this organization is to permit patents for protecting
the valuable inventions and to grant them with the trademarks. This procedure
recognizes the efforts of the inventors thus granting their inventions as a
technology or a product.

They help and advise the President of the United States, the departments and
the offices of the Department of Commerce, the Secretary of Commerce and other
government organizations in solving the issue on the global and domestic level.
The US Patent/United Patent Office encourages the technical and industrial
progress the strength and economy of the nation through the protection,
categorization and distribution about the information of the patent.

The united patent office, in relation of the discharge of the duties concerning
the patent, inspects the grants and applications as to whether the filed patents
fit in the parameters of registration. This office also distributes and
publishes the information of the patent, maintains the search files of U.S and
foreign patents etc.

They also distribute copies of the official records and patents on a public
level. Training is also provided to the practitioners by this office.





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