How the Patent Process Works

The patent process starts when an inventor comes up with a new idea. It is aimed at protecting the invention of an individual or company. The inventor has to write a disclosure which is a document outlining his or her invention. If the designer was working with a company, the company might like to have them included in the patent. You will need a specialist who will guide you to incorporate the company in the patent. The details in the disclosure will vary. But you will have to write details which anybody with even minimal knowledge can understand what the patent is all about.

Patent contract

Disclosure meetings

If you prefer involving a lawyer in your process for legality issues, then you will need a disclosure meeting where you will have to discuss with the lawyers about the details of the invention. It is necessary to give your copyright lawyer all details about your device so that he can prepare the legal document which will capture all details about your invention. The inventor will have to clearly define some of the competition in the market so that the lawyer will know how his invention is different from other patents in the market.

Prosecution

In the prosecution stage, you will have to present your document entailing all details about your invention to the U.S. Patent and Trademark Office (USPTO). The office will issue some office actions so that you can know the condition of your patent. The officers will search in the database of patents and look for areas where your patent is similar to already existing arts. If it is found that your invention has some similarities with other arts available, the officers will offer a report for rejection of the patent so that you can do some revisions on your invention before you file the patent. To avoid rejections, it is necessary for you to carry out a patent search and know areas where your invention may be similar to others already filed.

Issue

If after careful search and review of your application it is found that the patent is allowable, the officers from USPTO will offer a notice of allowance. The notice indicates the fee you will have to pay so that your patent can be printed. It is necessary for you to have the certificate because it protects your invention from unauthorized use. With a patent, you can have control on how your invention can be used. It allows inventors to earn from their inventions.

Patent Law

Appeal process

I you file for the patent and you receive several rejections, you can assess the ground under which your patent was rejected and apply for an appeal. The appeal allows you to raise objections if the office according to your opinion did not do enough searches before rejecting your application. The appeal process may delay your issuance, but you can speed up the process if you can revise the document and make necessary changes to areas where the examiner pointed out to reject the claim. The enforcement of patent allows you to sue anybody who can use your invention without your permission.

The Importance of Patents and Copyright Laws

Every person who creates anything that has artistic or even literal value must protect it, using the patent or copyright law system. The copyright system ensures that a particular artistic work has legal rights. Models of artistic works are like photographs, paintings, drawings, or anything that is visual; other instances include music or choreography, and also computer programs or various designs.

Patents: these are a right given to you by the government that ensures nobody else can manufacture, sell, or makes your product. This is most helpful if you are creating a particular product or item for sale.

Copyrighting your work: These give you the ability to control who can copy your creation and your work. They typically are applied to literary works.

The importance of patent or copyright is given by the fact that artists become recognized and their work is acknowledged, also they can receive significant sums of money for their inventions. Copyright guards any artist and ensures that anyone who violates their artistic work’s rights is punished by the patent and copyright law. This way creators can share their works freely and without worrying, offering to the culture, knowledge, and entertainment everywhere on the globe.

If anybody wants to sell or promote their work, they will require a lot of money. Also, utilizing media and communication to make your work famous may be a hard job. But many sell their rights to companies which advertise their works, and they win money via a system called royalties.

The WIPO (World Intellectual Property Organization) states that these companies receive rights only fifty years after the death of the creator, but in some cases, the national law can extend the time limit. So, enforcing copyrights and patent helps the creators and their heirs to obtain profit for some time. This treaty also includes moral rights, like the right of claiming authorship or protecting their reputation if changes are made that may harm it.

The national legislation of every country gives any individual copyrights. In some circumstances, international treaties may be parts of governmental laws to make sure that no discrimination is performed. It is desirable for every creator who is engaged in these legal matters to consult the National Copyright Administration or CLEA in full (Collection of Laws for Electronic Access).

World Intellectual Property Organization is a worldwide organization that gives a lot of international treaties that have links with intellectual property rights. It is important for everyone to seek the advice of copyright lawyers, although WIPO is obliged to consult anyone upon different legal matters.

Copyright or patent is not something new. Even before any legal process towards copyright was done, there were copyright. People had copyright on their own works though they made no formalities. This fact was declared in the Berne Convention and is ready now in countries where this convention is perceived and used.

There are national offices where people can register because the WIPO does not help you with the copyright registration. Registering your work may have some benefits: you can become known, your work is distinguished from other works, and you can use your rights in court if someone makes illegal moves on your work.

Every company or business has a trademark which acts as a representation. A trademark is a combination of words, symbols or names and is used to identify products that are made by a certain company. In other words, a brand name is represented by a patent right or trademark.

Though trademark registration has not been made mandatory by the government, there are some benefits that people can obtain when registering their trademark. If you wish to have an international registration for your trademark, you must first register it regionally. The importance of having your trademark registered are established by the rights you are granted. Also, people should remember that copyright and patent rights are different because it assists them with various legal issues.

The History of Patents

If you are an engineer or do some researches, you will understand the satisfaction and joy when you create or discover something. In many cases a new technology or device will associated with the name of its creator or discoverer. However, there are cases when other people try to dilute the honor by claiming the fame to their own names.  To avoid such adverse situations, the concept of the patent was formulated.

The History of Patents

patent usaThe word patent is derived from the Latin phrase ‘litterae patentes’ which means an open letter. Such kind of letters were used by monarchs in the medieval period to document all kinds of rights and privileges associated with discoveries. The letters used to come with the royal seal which ensures proof of these rights.

Different countries came up with similar ideas and the first informal system of patenting was first put into use during the Renaissance period in Italy. The system gradually spread to the rest of Europe with the help of Venetian glass-blowers who wanted to protect their art and skill and maintain their distinctiveness from that of the local workers.

According to the records, the first patent was granted to John of Utynam in 1449 for a glass-making process. The period of these patents was for 20 years. In return, John had to teach the native Englishmen about that particular skill. Although the procedures have advanced over the year, the same method of information passing is still followed in the form of publication of the specifications mentioned in the patent.

Since then the entire system of patenting occurred in North America. According to patent regulations from 1788 the exclusive rights were given to the discoverers or inventors of science and arts of useful purposes.

The concept of supra-national patent-issuing agencies was formed in the 80s. There are two governing agencies in this field- the World Intellectual Property Office (WIPO) and the European Patent Office. These authorities govern the patenting laws and applications for a number of countries. Following the GATT agreement in 1995, the US patent law was restructured to strike harmony with the patent systems in other countries.

Purpose of Patents

Looking into the history, you will find that the patent system was introduced to encourage newer inventions and developments and to disclose them to the need of the public. Since there were cases where innovation plagiarism turned its ugly face to the society, many discoverers were hesitant to reveal their work. As a result, it created a need in a system which not only protects the rights of these discoverers but also encourages them to discover more and more and get associated with their discoveries for a long period of time.

Validity Period of a Patent

Although different countries started off with their own rules and conditions regarding the terms of a patent, agreement was reached at the international level by the TRIPs agreement in the 1990s. According to its term, a fixed period of 20 years was considered to be the term of a patent. The person whose patents have been approved is supposed to be paid for every usage of his or her discovered product. This particular law is followed by all European countries and the U.S. However, the countries have the rights to issue their unique national laws regarding patent-like rights for shorter periods up to 10 years.

These are some of the general information regarding the history of the patent laws, who all can apply, and the tenure of each right. You can certainly get an idea about the patent business and how you can use it to make some money. So if you have invented something new, try to put that for the general good and also make some earnings in the process.