Things to Consider in Filing for Patent Rights

The patent will give inventors, creators, and the creative minds the exclusive right to produce, duplicate, distribute, and sell their inventions or designs.

With this exclusive right, no one can legally make a profit out of a patented invention or reproduce this without the consent of the patent right holder.

Patent is a property right given to inventors and creators of a unique invention, product, and design. With this exclusive right, anyone cannot duplicate, distribute, and sell the patented invention unless with the consent of the creators.

Things to consider when filing for patent rights

The type of patents needed for a certain invention.According to the US Patent and Trademark Office (USPTO), there are three types of patents: 1.) Utility patent is for a new and useful machine or new improvement, 2.) Design patent is for a new, original, and ornamental design for something that is useful, and 3.) Plant patent is for a new variety of plant.

Definition of patentable inventions. The USPTO does not grant patents to inventions; even if these are unique, if such discoveries are considered obsolete and have no purpose. Also, this federal agency does not give patent rights for a mere idea and suggestion.

To acquire a patent, an invention should not have existed in any country; should be novel and unique; and should be non-obvious which means that average people will not be able to have discovered or known it.

The nitty-gritty of legal processing. The legal procedure and details of filing for a patent requires extensive knowledge about this that it is highly advisable to hire registered patent lawyers or patent agents who can prepare the applications in behalf of their clients. However, if a company or individual is already familiar with such proceedings, hiring a legal representative may not be important.

Fraudulent marketing firms and invention development scams. There are many scammers who steal the ideas and inventions of other people by pretending to offer them financial help and service support. To avoid being victimized by fraudulent transactions, inventors and companies should visit the USPTO website that provides a list of warning signs.

Fees and payments. Inventors should realize that being a patent right holder means they have to pay certain fees. According to patent lawyers, the amount of fees and payments will depend on certain conditions such as the scale of a business. Also, inventors have to pay maintenance fees that will give them a 20-year exclusive right for a certain invention.

The specifications of an invention. Before granting a patent right, the USPTO requires inventors to list the specifications of their inventions such as the title, background, and detailed description of the invention, related applications, statement of federally sponsored development (if there is any), and claims.

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