What are the four essential requirements for an accurate patent definition? These same four things are also necessary requirements to file a patent, provide value and protect your invention from theft. They are:

1. The invention must be novel

Being novel means that it can not be known by others or used by others before the inventor claims to have invented it. It also means that the invention can not be patented or publicly disclosed before the inventor’s claimed invention. In other words it can not be an infringement of someone else’s patented work. The patent must be applied for within 1 year after public disclosure or use.

2. The invention must not be obvious

This means that the invention can not be a clear replacement for an original. The proposed invention can not be obvious to a person with average skill in the knowledge area of the invention. An example might be a red toy car. A blue toy car would be an obvious extension of a red toy car. However a toy car that turns into a dump truck is not an obvious extension of a red toy car.

3. The invention must be described simply and completely, so a skillful person could duplicate it

Very basic level language must be used. Supplied drawings must be clear and sufficient for a comprehensive understanding of the invention. A person with skill in the knowledge area must be able to understand the invention completely, in order for it to be patentable. If fear of having the invention stolen motivates the inventor to leave out essential elements of the invention, then it is not patentable. This person would be better served by keeping the invention a trade secret. However trade secrets can be very difficult to protect especially from disgruntled employees.

4. The patent claims must be clear and specific

The patent claims are the most difficult, but the most important part of a patent. They are the intellectual property that you are requesting the patent office to protect. These claims must be specific and clear, otherwise the patent office will not accept them. Even if the patent office does accept them, they must be defensible in court. Only an experienced patent lawyer or patent agent would likely be able to foresee potential problems with claims. Many parts of the patent can be done by the inventor, but the claims are not one of them. This is the area where a patent lawyer can really be worth the cost.

A patent annuities is an exclusive monopoly granted by the Government to an inventor over his invention for a limited period of time. It provides an enforceable legal right to prevent others from exploiting an invention. Invention as definite under the Act to mean a new product or process involving an inventive step and capable of industrial application. Patents symbolize one of the powerful intellectual property rights. The registration of patent annuities confers on the patentee the exclusive right to use, manufacture or sell his invention for the term of the patent. It means that the development cannot be commercially made, used, distributed or sold without the patentee’s consent. The patent rights can usually be enforced in a court of law.

An inventor or any other person or company assigned by the inventor can apply and obtain the patent over the invention. A patent drafting is obtained by the originator or his assignee by filing an application with the appropriate office of the patent office in stipulated forms and fees as required by the Act. It is prudent to conduct searches as early as possible to avoid spending time and money re-inventing a known matter. A patent drafting is not granted to an invention if it is already available with the community either in the form of published literature or common knowledge. Patentable Inventions must, in general, satisfy certain criteria. The invention must be of industrial applicability, must be new and must show an inventive step which could not be deduced by a person reasonably skilled in the field. Above all, its subject matter must be accepted as “patentable” under law.

All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 31 months from the priority date.
Grant of Patent is valid for 20 years from its date of International filings. It must be renewed every year by paying prescribed fee starting from the third year from the year of filing of International Patent Application within three months of such intimation. After a Patent has been granted, articles manufactured under the patented invention may be represented as “Patented.” The number of the Patent must be indicated on the product.

The process of pct patent filing typically involves conducting prior art searches to distinguish the invention and develop a description that illustrates the best method of working the invention. The description of the development is called specification. Depending upon the sufficiency of the description a specification may be either provisional or complete Specification. A provisional specification is frequently the first application filed in respect of an invention, and usually contains only a brief description of the invention. It need not contain claims. Compared with the provisional, the complete measurement contains the full description of the invention, and the best method of making the invention work. The complete specification comprises a title, field of invention, the environment of the invention, the description of the related art, drawbacks of the prior art, the summary of the invention, the brief description of the figures, the detailed description of the preferred embodiments, claims and abstract. Complete specification must be filed within 12 months from the date of pct filing of the provisional specification.

We gives you complete details and services about pct filing requirements, pct filing india, pct filing procedure, pct timeline, pct filing strategy, pct filing uk.

Creativity and imagination is are qualities we are all born with, in some people these qualities tend to develop rather faster compared to others. Imagination has fueled our inherent desire to overcome obstacles and improve the tools we have available today, creativity on the other hand helps us create and materialize the ideas we have developed.

The process of invention is pleasant and rewarding but when it comes to obtaining a patent which makes you the legitimate owner of your creations and ideas the field changes. The first step towards obtaining a patent is to search the online database provided by through the government website which is in charge of keeping all of these records, this way you will know in an instant if your idea has already been patented or if it isn’t.

The U.S. Patent Office is in charge of keeping all records related to invention and ideas, their site address is uspto.gov , all the paperwork and applications needed to process a new patent are available on both online and off-line sources. These forms can be filled out by yourself or with the help of an attorney if you don’t feel quite comfortable with the process, however, must of the forms are straight forward, the information requested involves name of the inventor, description, functionality, drawings or charts and any other information pertinent to the idea being patented. The forms you will have to choose from are utility, plant and design; each one is intended for a specific kind of invention or idea.

You also need to be aware that there is a fee to have this paperwork processed. Once you have the information ready you can submit the form either electronically or in person. The person who reviews the form on behalf of the office will evaluate the information submitted and if it turns out your idea is unique you will get a patent which will protect your rights and will allow you to legally receive credits for your work.

The next step is to find an organization which helps inventors develop and market their ideas, this will launch your product full force into the market.

One more fact you need to be aware of is that this kind of protection is not permanent, depending on the application filed your idea is protected either 14 or 20 years. Twenty year protection applies to utility/plant and 14 year protection applies to design patents.

Always be patient and optimistic about the results of your submission, good luck!

If you have a specific design or invention you wish to protected, you must apply for a patent through the United States Patent and Trademark Office. It is important that you do not use terms such as “patented” or “patent pending” prior to applying for or being granted a patent, because doing so is a violation of federal law. Applying for a patent through the United States Patent and Trademark Office can require special legal knowledge. It may be in your best interest to consult with a patent attorney. Here are the basic steps outlining how to obtain a patent.

The first step you will want to take to obtain your patent is to visit a local branch of the United States Patent and Trademark Office. If that isn’t convenient, you can find most of the information and required forms at the U.S. Patent and Trademark Office Web site.

Next, you will need to prepare a full and detailed proposal of your design or invention. The proposal must contain specific descriptions in English and detailed drawings. You will then prepare and execute a brief declaration that the design or invention is an original, and that it does not infringe on any existing patent.

After making the appropriate number of copies and following all instructions, you will submit your proposal and declaration to the director of the U.S. Patent and Trademark Office at your local branch or through the Internet. Upon submission, you will be required to pay filing fees for a search and examination of your proposal.

If the U.S. Patent and Trademark Office presents any objections or requests any modifications, you must address them in a timely fashion.

Obtaining a patent through the U.S. Patent and Trademark Office can be a lengthy process. If everything in your proposal is accurate and there are no objections or requested modifications, the process will be completed in approximately 18 months. If there are objections or requested modifications, the process can take much longer.

Once you obtain a patent, you will be required to pay maintenance fees. Maintenance fees are required at three to four-year intervals following the grant date. You will typically be afforded a six-month grace period to pay your maintenance fees. You must renew your patent prior to the expiration date. Patents typically last for a period of 20 years, although design patents expire after a period of 14 years. Design patents include those that improve upon or act in conjunction with another patent.