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#provisional patent application design
patntech · 5 months
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https://patntech.com/service/industrial-design-patent-registration-services/
Our team has experienced illustrators with backgrounds in engineering, design and arts. Our team can prepare utility patent drawings and design patent illustrations from informal drawings, hand drawn sketches, photographs, scanned materials or other relevant matter. We are capable of preparing drawings as per the requirements of various patent offices such as USPTO, PCT, EPO, IPO and other patent offices.
The sample shown below is just an example to show our work. We can prepare complex drawings in the areas of Mechanical, Electrical, Charts & Flow Diagrams, Timing Diagrams and other drawings required for both utility and design patents.
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thepatentexperts · 1 year
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Patent Drawing Services by Experienced Professionals | The Patent Experts
Get high-quality patent drawings and illustrations that meet USPTO drawing requirements with The Patent Experts. Our team of experienced professionals provides custom designs for provisional, design, and utility patent applications.
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jcmarchi · 3 months
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With just a little electricity, MIT researchers boost common catalytic reactions
New Post has been published on https://thedigitalinsider.com/with-just-a-little-electricity-mit-researchers-boost-common-catalytic-reactions/
With just a little electricity, MIT researchers boost common catalytic reactions
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A simple technique that uses small amounts of energy could boost the efficiency of some key chemical processing reactions, by up to a factor of 100,000, MIT researchers report. These reactions are at the heart of petrochemical processing, pharmaceutical manufacturing, and many other industrial chemical processes.
The surprising findings are reported today in the journal Science, in a paper by MIT graduate student Karl Westendorff, professors Yogesh Surendranath and Yuriy Roman-Leshkov, and two others.
“The results are really striking,” says Surendranath, a professor of chemistry and chemical engineering. Rate increases of that magnitude have been seen before but in a different class of catalytic reactions known as redox half-reactions, which involve the gain or loss of an electron. The dramatically increased rates reported in the new study “have never been observed for reactions that don’t involve oxidation or reduction,” he says.
The non-redox chemical reactions studied by the MIT team are catalyzed by acids. “If you’re a first-year chemistry student, probably the first type of catalyst you learn about is an acid catalyst,” Surendranath says. There are many hundreds of such acid-catalyzed reactions, “and they’re super important in everything from processing petrochemical feedstocks to making commodity chemicals to doing transformations in pharmaceutical products. The list goes on and on.”
“These reactions are key to making many products we use daily,” adds Roman-Leshkov, a professor of chemical engineering and chemistry.
But the people who study redox half-reactions, also known as electrochemical reactions, are part of an entirely different research community than those studying non-redox chemical reactions, known as thermochemical reactions. As a result, even though the technique used in the new study, which involves applying a small external voltage, was well-known in the electrochemical research community, it had not been systematically applied to acid-catalyzed thermochemical reactions.
People working on thermochemical catalysis, Surendranath says, “usually don’t consider” the role of the electrochemical potential at the catalyst surface, “and they often don’t have good ways of measuring it. And what this study tells us is that relatively small changes, on the order of a few hundred millivolts, can have huge impacts — orders of magnitude changes in the rates of catalyzed reactions at those surfaces.”
“This overlooked parameter of surface potential is something we should pay a lot of attention to because it can have a really, really outsized effect,” he says. “It changes the paradigm of how we think about catalysis.”
Chemists traditionally think about surface catalysis based on the chemical binding energy of molecules to active sites on the surface, which influences the amount of energy needed for the reaction, he says. But the new findings show that the electrostatic environment is “equally important in defining the rate of the reaction.”
The team has already filed a provisional patent application on parts of the process and is working on ways to apply the findings to specific chemical processes. Westendorff says their findings suggest that “we should design and develop different types of reactors to take advantage of this sort of strategy. And we’re working right now on scaling up these systems.”
While their experiments so far were done with a two-dimensional planar electrode, most industrial reactions are run in three-dimensional vessels filled with powders. Catalysts are distributed through those powders, providing a lot more surface area for the reactions to take place. “We’re looking at how catalysis is currently done in industry and how we can design systems that take advantage of the already existing infrastructure,” Westendorff says.
Surendranath adds that these new findings “raise tantalizing possibilities: Is this a more general phenomenon? Does electrochemical potential play a key role in other reaction classes as well? In our mind, this reshapes how we think about designing catalysts and promoting their reactivity.”
Roman-Leshkov adds that “traditionally people who work in thermochemical catalysis would not associate these reactions with electrochemical processes at all. However, introducing this perspective to the community will redefine how we can integrate electrochemical characteristics into thermochemical catalysis. It will have a big impact on the community in general.”
While there has typically been little interaction between electrochemical and thermochemical catalysis researchers, Surendranath says, “this study shows the community that there’s really a blurring of the line between the two, and that there is a huge opportunity in cross-fertilization between these two communities.”
Westerndorff adds that to make it work, “you have to design a system that’s pretty unconventional to either community to isolate this effect.” And that helps explain why such a dramatic effect had never been seen before. He notes that even their paper’s editor asked them why this effect hadn’t been reported before. The answer has to do with “how disparate those two ideologies were before this,” he says. “It’s not just that people don’t really talk to each other. There are deep methodological differences between how the two communities conduct experiments. And this work is really, we think, a great step toward bridging the two.”
In practice, the findings could lead to far more efficient production of a wide variety of chemical materials, the team says. “You get orders of magnitude changes in rate with very little energy input,” Surendranath says. “That’s what’s amazing about it.”
The findings, he says, “build a more holistic picture of how catalytic reactions at interfaces work, irrespective of whether you’re going to bin them into the category of electrochemical reactions or thermochemical reactions.” He adds that “it’s rare that you find something that could really revise our foundational understanding of surface catalytic reactions in general. We’re very excited.”
“This research is of the highest quality,” says Costas Vayenas, a professor of engineering at the university of Patras, in Greece, who was not associated with the study. The work “is very promising for practical applications, particularly since it extends previous related work in redox catalytic systems,” he says.
The team included MIT postdoc Max Hulsey PhD ’22 and graduate student Thejas Wesley PhD ’23, and was supported by the Air Force Office of Scientific Research and the U.S. Department of Energy Basic Energy Sciences.
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intellectvidhya · 9 months
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How To Choose A Patent While Avoiding Common Mistakes?
Filing for a patent is widely regarded as India’s most challenging form of intellectual property registration due to the complexity of the process. The process of applying for a patent necessitates substantial research, prior searches, claims, and a number of additional requirements. One of these endless processes on step is to determine the type of patent that your invention seeking patent belongs to. It is indisputable that in India, a patent will only be issued for an invention if it satisfies all three criteria for patentability, namely novelty, inventive step, and industrial application.
If you have an invention that is capable of passing all three of the tests for patentability, the next step is to choose the type of patent that you want to use for your invention. Utility, product, process, design, plant, and provisional patent applications are the categories of Patents that can be protected in India. Each category has its own set of requirements to qualify, and it protects a separate category of ideas, innovations, or discoveries.
Table of Contents
Different Patents
Utility Patent/ Patents
Product Patent
Process Patent
Provisional Patent
Design Patents
Plant Patents
How to choose?
What mistakes to avoid?
Different Patents
Utility Patent/ Patents
Patents granted in India and utility patents provide essentially the same form of protection, although they are described using different terminology. In India, “patent” is used as opposed to “utility patent.” In order to obtain a patent in India, one must adhere to the stringent requirements enumerated in the country’s patent laws. The invention must be novel, inventive, have industrial application, and not fall under the Indian Patents Act’s list of non-patentable subject matter. Patents and utility patents are granted in India for new inventions that satisfy legal requirements. The patent holder enjoys exclusive rights for twenty years, including the ability to prevent others from selling, using, manufacturing, offering for sale, or importing the patented invention.
Product Patent
A product patent, as the name suggests is granted for the end product. It provides increased protection for the inventor’s creation by reducing the amount of competition from other companies producing the same products. On the other hand, a process patent safeguards just the steps involved in the production of a good and not the good itself. The product patent increases the level of monopoly while decreasing the amount of competition in the market.
Process Patent
Protection under a process patent is only given to a particular procedure that is employed in the manufacturing of a product and not to the product itself. Many people believe that a process patent offers just a limited level of protection. The reason for this is that it does not restrict or hinder others from producing or generating the same product by making use of a different procedure. As a consequence of this, it is feasible for a single product to be the subject of many method patents that have been awarded. This will, in the long run, make the inventor’s monopoly less effective, which will result in an increase in the number of competitors.
Provisional Patent
When an invention is still in the process of being developed, a provisional patent application might be filed for it. A provisional patent is essentially an application that does not require the disclosure of the details of the invention, but it is utilised as a tool to protect your concept for a period of one year. If the final patent application is not submitted within one year of the provisional patent application being filed, the provisional patent application will cease to exist if this requirement is not met.
As was indicated earlier, a provisional application is distinct from a conventional patent application in that it does not require formal drawings or extensive explanations of the invention. Instead, all that is required is an abstract and some fundamental information about how your idea functions. Because of this, it is simpler to file early even if one does not have all of the facts nailed down.
Design Patents
According to the Designs Act of 2000, the term “Design” refers to characteristics of an object’s shape, pattern, configuration, ornament, or composition of colours or lines that are applied in three dimensional or two dimensional or in both forms using any of the processes, whether manual, chemical, mechanical, separate, or combined, and which, in the finished article, appeal to or are judged wholly by the eye.
Design patents are a type of patent that can be obtained in several countries, including the United States, China, and the European Union. Design patents are granted for novel and creative designs. However, in India, a “Design” is not considered to be a type of patent, and the “Designs Act, 2000” is the piece of legislation that governs the process of filing for and registering a “Design.”
Additionally, filing for a design is much cheaper than filing for a patent of any kind.
Plant Patents
Under section 3(j) of the Patent Act of 1970, plant and animal patents are not deemed inventions and are therefore not eligible for patent protection. Asexually produced or found in their natural, uncultivated state, plants cannot be patented either. While it is not possible to patent a plant itself in India, a patent holder may still claim patent rights to a genetically modified plant by patenting the method by which the plant was modified. This way is also considered as a loophole in the said clause of the Patents Act,1970.
How to choose?
Before proceeding with the patent application, it is essential to thoroughly comprehend your invention. One must evaluate the type of their invention, whether it is a machine, process, product, plant, or design. If the invention is a design, it will not be eligible for patent protection in India but will be governed by the Industrial Design law. In addition, if your invention has not yet been completed, it will fall under the provisional patent, and so forth.
What mistakes to avoid?
The next stage is to determine whether your inventions pass all three patentability tests. Even if the requirements for novelty are met, a bogus invention with no practical applicability is equivalent to nothing. Therefore, an invention must satisfy all three criteria for patentability; meeting only one or two will not suffice.
Lastly, initiating the filing process for a patent is always time- and resource-intensive, but seeking professional assistance from patent attorneys is always a good idea, and filing a patent will become a breeze for those who are struggling to do so.
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catleaftree · 10 months
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Patent Pending status granted!
We’ve decided to share a selection of our rough technical drawings for our provisional patent application to give you the clearest picture of what Leaf Tree is! As we continue to refine the design we will be submitting updated drawings–eventually (and as soon as possible) securing the official patent for the invention–and we will be sharing those with you when we can.
Up next we’ll be sharing the ongoing progression from Leaf Tree prototype Mk1 V1 to Mk1 V2 and our plans for the continued development of the design up to launch.
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We will be sharing our goals for manufacturing, how we plan to bring Leaf Tree to cats and their families, and our vision for Mindful Maker Co’s role in the supply chain on our site: 
mindfulmaker.co (currently under construction) 
We’ll announce when that site goes live and we start sharing our efforts to establish a transparent supply chain of natural and safe materials to bring Leaf Tree to market.
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Unveiling the Power of Patent Drawing Searches: Provisional Patent Drawing
In the world of intellectual property, patents play a pivotal role in protecting inventions and providing inventors with exclusive rights over their innovations. Patent drawings, in particular, serve as a crucial component in patent applications, enabling inventors to visually depict their inventions and enhance the clarity of their disclosures. Among various types of patent searches, patent drawing searches hold immense significance in exploring prior art and ensuring the uniqueness and patentability of an invention. In this article, we delve into the world of “Patent Drawing Searches” and shed light on the importance of provisional patent drawings in patent applications.
Understanding Patent Drawing Searches
Patent drawing searches are a specialized type of patent search that focuses on examining the graphical representations found in patents. While traditional patent searches primarily analyze textual descriptions and claims, patent drawing searches delve into the visual aspects of the prior art. These searches play a vital role in exploring existing patents and published applications to identify relevant prior art references that may impact the patentability of an invention.
The purpose of conducting a patent drawing search is to assess the novelty and non-obviousness of an invention by examining graphical representations of similar inventions. By analyzing patent drawings, inventors and professionals can gain insights into existing solutions that may possess similar design elements or visual characteristics. This allows them to evaluate the uniqueness of their inventions and make informed decisions regarding the patentability of their creations.
Patent drawing searches offer several benefits in the patent application process:
Identifying Prior Art: By examining the graphical representations of the prior art, inventors can identify existing patents or published applications that feature similar designs or visual features. This helps them evaluate the novelty of their invention and determine if it meets the criteria for patentability.
Enhancing Patent Applications: Patent drawing searches provide inventors with valuable insights into patent drawings’ preferred style, layout, and formatting requirements. By studying existing patent drawings, inventors can improve the visual representation of their inventions, resulting in more explicit and comprehensive patent applications.
Avoiding Infringements: Patent drawing searches help inventors assess the risk of infringing existing patents. By analyzing graphical representations of the prior art, inventors can identify potential conflicts and make necessary modifications to their designs or inventions to avoid infringement lawsuits.
To conduct patent drawing searches effectively, inventors and patent professionals can utilize various tools and resources:
Patent Databases: Online patent databases, such as the USPTO and EPO databases, provide access to a vast collection of patent documents. These databases allow users to search for patents based on keywords, classifications, and graphical representations.
Image Recognition Software: Advanced image recognition software can analyze and compare patent drawings to identify similarities between graphical representations. These tools automate the identification of potentially relevant prior art, streamlining the patent drawing search process.
Patent Search Firms: Patent search firms specialize in conducting comprehensive patent searches, including patent drawing searches. These firms employ experts skilled in analyzing patent drawings and can provide inventors with detailed reports on relevant prior art.
The Importance of Provisional Patent Drawings
Provisional patent drawings hold significant importance in the patent application process. They are an essential component of provisional patent applications, which provide inventors with a one-year grace period to further develop their inventions before filing a non-provisional patent application. Here are some key reasons highlighting the importance of provisional patent drawings:
Visual Representation: Provisional patent drawings serve as a visual aid that allows inventors to showcase their inventions clearly and comprehensively. While provisional patent applications do not require formal claims or a detailed description, including drawings helps convey the unique features and functionalities of the invention effectively. Visual representations can enhance the understanding of the invention for patent examiners, stakeholders, and potential licensees.
Enhancing Clarity and Understanding: Well-drafted provisional patent drawings can significantly enhance the clarity and understanding of the invention. By providing visual illustrations, inventors can elucidate complex concepts, demonstrate the operational aspects of their inventions, and highlight specific design elements. This clarity helps patent examiners evaluate the invention’s uniqueness and minimizes the likelihood of misunderstandings or misinterpretations during the patent examination process.
Patentability Assessment: Provisional patent drawings play a crucial role in assessing the patentability of an invention. By visualizing the invention, inventors can conduct a preliminary evaluation of the novelty and non-obviousness of their concepts. Examining provisional patent drawings helps inventors identify any similarities or existing prior art that may impact the patentability of their inventions, allowing them to make informed decisions about proceeding with a non-provisional patent application.
Intellectual Property Protection: Provisional patent applications provide inventors with an early filing date and establish a priority right for their inventions. Including well-drafted drawings in the provisional application helps secure the filing date and provides visual evidence of the invention’s state. In case of any subsequent changes or improvements, the provisional drawings serve as a reference point and ensure the patent application process continuity.
Communication and Collaboration: Provisional patent drawings facilitate effective communication and collaboration between inventors, patent attorneys, and other stakeholders. Precise visual representations make it easier for all parties to discuss and understand the invention. Additionally, provisional patent drawings can be shared with potential investors, licensees, or partners, helping convey the value and potential of the invention.
It’s important to note that provisional patent drawings can be more formal and detailed than those in a non-provisional patent application. However, they should still be clear, accurate, and descriptive to enable a person skilled in the relevant field to understand and replicate the invention.
Benefits of Patent Drawing Searches
Patent drawing searches offer several benefits to inventors, patent professionals, and other stakeholders involved in the patenting process. Let’s explore some of the critical advantages of conducting patent drawing searches:
Identify Relevant Prior Art: Patent drawing searches allow inventors to identify existing patents and published applications with similar graphical representations or design elements. By examining the drawings of the prior art, inventors can gain insights into existing solutions that may be similar to their inventions. This helps them evaluate the novelty and non-obviousness of their inventions and make informed decisions about the patentability of their creations.
Assess Patentability: Conducting patent drawing searches helps inventors assess the patentability of their inventions more comprehensively. By analyzing the graphical representations of the prior art, inventors can evaluate the uniqueness of their inventions and determine if they meet the criteria for patent protection. Patent drawing searches give inventors a broader perspective on existing solutions and enable them to refine their inventions to ensure they stand out from prior art.
Enhance Patent Applications: Patent drawing searches contribute to improving patent applications. By studying existing patent drawings, inventors gain insights into the preferred style, layout, and formatting requirements of patent drawings. This knowledge allows them to create high-quality drawings that effectively showcase their inventions’ unique features and functionalities. Well-drafted drawings enhance the clarity and understanding of the invention, making it easier for patent examiners to evaluate its uniqueness and potential infringements.
Avoid Infringement Risks: Patent drawing searches help inventors assess the risk of infringing existing patents. By examining the graphical representations of the prior art, inventors can identify potential conflicts and make necessary modifications to their designs or inventions to avoid infringement lawsuits. Conducting thorough patent drawing searches reduces legal risks and ensures that the invention remains within the boundaries of existing patents.
Gain Technical Insights: Patent drawing searches can give inventors valuable technical insights. By studying existing patents’ drawings, inventors can better understand design choices, engineering principles, and technical solutions used in related inventions. These insights can help inventors refine their designs, identify areas for improvement, and enhance the overall quality of their inventions.
Support Patent Portfolio Development: Patent drawing searches assist inventors and patent professionals in developing a robust patent portfolio. By examining patent drawings, inventors can identify areas of technology with a high concentration of patents and published applications. This knowledge can guide inventors in strategically positioning their inventions within their patent portfolio, focusing on areas where there may be gaps or opportunities for further innovation.
Tools and Resources for Patent Drawing Searches
Conducting patent drawing searches requires access to appropriate tools and resources that can aid in identifying and analyzing relevant prior art. Here are some commonly used tools and resources for conducting effective patent drawing searches:
Patent Databases: Online patent databases are valuable resources for patent drawing searches. These databases contain a vast collection of patent documents from various jurisdictions. Some popular patent databases include:
United States Patent and Trademark Office (USPTO): The USPTO database, specifically the Patent Full-Text and Image Database (PatFT), provides access to issued patents and published applications from the United States.
European Patent Office (EPO): The EPO database offers access to European patents and published applications. The Espacenet database, in particular, is a comprehensive source for European patent documents.
World Intellectual Property Organization (WIPO): The WIPO database, known as the PATENTSCOPE, provides access to international patent applications filed under the Patent Cooperation Treaty (PCT).
Image Recognition Software: Advanced image recognition software can benefit patent drawing searches. These tools utilize computer vision and image analysis algorithms to analyze and compare graphical representations, identifying similarities between patent drawings. Some image recognition software designed explicitly for patent analysis include:
Google Patents: Google Patents offers image search functionality that allows users to upload or drag and drop an image to find similar patents.
IP.com Prior Art Database: IP.com provides an image search feature within its prior art database, allowing users to search for patents using visual similarities.
Patent Search Firms: Patent search firms specialize in conducting comprehensive patent searches, including patent drawing searches. These firms employ experts in analyzing patent drawings and can provide inventors with detailed reports on relevant prior art. Patent search firms can utilize a combination of manual search techniques, patent databases, and proprietary tools to conduct thorough searches.
Patent Classification Systems: Patent classification systems are organized systems that categorize patents based on their subject matter. They can help in identifying relevant patents and narrowing down the search focus. Two widely used patent classification systems are:
Cooperative Patent Classification (CPC): The CPC system is a collaborative effort between the USPTO and the EPO and provides a detailed classification scheme for patent documents from multiple jurisdictions.
International Patent Classification (IPC): The World Intellectual Property Organization (WIPO) maintains the IPC system and provides a hierarchical classification scheme for patents based on technology areas.
Conclusion
In conclusion, conducting effective patent drawing searches requires appropriate tools and resources. Patent databases such as the USPTO, EPO, and WIPO provide access to a vast collection of patent documents, allowing inventors to search for relevant prior art. Image recognition software, such as Google Patents and IP.com, can aid in analyzing and comparing graphical representations to identify similarities between patent drawings. Patent search firms can provide comprehensive searches and expert analysis of patent drawings. Additionally, patent classification systems like CPC and IPC help categorize patents based on the subject matter, facilitating targeted searches.
By leveraging these tools and resources, inventors can conduct thorough and comprehensive patent drawing searches, identify relevant prior art, assess patentability, and enhance the quality of their patent applications. It is important to note that seeking guidance from a patent attorney or professional is crucial to ensure proper understanding and interpretation of the search results.
Overall, utilizing these tools and resources enables inventors to navigate the complex landscape of patent drawing searches, leading to more vital patent applications, intellectual property protection, and informed decision-making throughout the patenting process.
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bloggerlucas · 1 year
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Avoiding common mistakes when choosing a patent type?
It might seem that the first step in patenting an invention is to figure out what kind of patent you need. The first step is to determine whether or not you even need a patent in the first place.
Utility patents, design patents, plant patents, and provisional patents are the four main types of patents. Each has its own purpose and filing requirements. You can get a patent quickly or not based on the type of patent you choose for your invention.
This guide will help you decide which patent type is best for your invention, and what steps you can take to avoid patent filing mistakes.
How Do Patents Work in India? Choosing the Right One: What to Look for?
Protecting your business with patents is essential. When you see the term "patent pending," you don't have to worry about someone claiming to have invented a product or service before you.
Intellectual property can be protected in India by patents. There are several types of patents, and they each have different uses and separate sections for avoiding patent filing errors. Our discussion in this section will focus on how you can protect your business with these kinds of patents.
·       Utility Patent
Utility patents provide 20-year monopolies on the use of inventions to their owners as a form of intellectual property protection. If your invention is a device or machine that is new, useful, and inventive, a utility patent is the most appropriate way to protect it. It is necessary to conduct rigorous research and planning before making any disclosures as part of the patent filing process.
Additionally, make sure your brand name isn't copied by anyone else. Make sure it hasn't already been patented or trademarked by anyone else. The reason you need to do this is because there is nothing you can do if someone else has already copyrighted or trademarked your product name, even if you had invented it first. Once the Patent Office Of India conducts a due diligence review, your application will be rejected. 
·       Design Patent
Design patents protect the visual appearance of an object. To qualify as a design patent, something doesn't have to incorporate any functional elements or technology. Designing a shoe without shock absorption or waterproofing, for example, may be protected by a patent.
You need to know what kind of design you have before you can choose the right type of patent protection for your idea or product if you are planning to file a design patent in India. You can apply for design patent protection if your product has unique features. But suppose your product isn't unique or already exists. This would be a better option than filing for a design patent in India, since utility models are much cheaper.
·       Plant Patent
Intellectual property that protects reproduction and sale of plants is known as a plant patent. A plant patent is different from a utility patent, which protects inventions. Plant patents cannot be filed if utility patents have already been filed.
There are three types of plant patents:
1.    Plants and seeds are patentable
2.    A patent for ornamental designs of plants and flowers
3.    Certificate of protection for plant varieties
Summing It Up
The choice of the right type of patent for your company is not an easy one. In order to make the best business decisions, you need a strong legal team on your side. 
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legal-blogs · 1 year
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What Is a Provisional Patent Application (PPA)?
A provisional patent application (PPA) is a document issued by the U.S. Patent and Trademark Office (USPTO) that helps protect a new invention from being copied during the 12-month period before a formal patent application is filed.
It is intended to give an inventor time to pitch the idea, test its commercial feasibility, or refine a product before committing to the expensive and time-intensive process of a formal application.
Understanding a Provisional Patent Application (PPA)
The provisional application is a short-term means of protecting an invention or concept and requires less effort and expense than a formal patent application (formally called a non-provisional patent application). In the U.S., both processes go through the USPTO.
The PPA isn't examined by the USPTO, so it does not indicate that the invention is unique enough to actually receive a patent. However, submitting a PPA does save a filing date, which can help in getting the patent through the process down the road.
A PPA is simpler and more concise than a patent application. It frequently takes 10 pages or less to explain the product’s design and the purpose that it serves and to provide one or more illustrations if they are necessary to clarify the concept.
Benefits of a Provisional Patent Application (PPA)
Getting a PPA is also less expensive than obtaining a full patent, and may not require the services of a patent attorney.
The USPTO has a very long list of fees for the many patent-related services it offers.
However, the requirements for a provisional patent application are straightforward. It is a clear description of a unique new product and how it can be used.
There are several benefits to obtaining a provisional patent. First, the inventor doesn't have to worry about a manufacturer or other interested party stealing an idea, as the “patent pending” label signals some legal rights in the event of an infringement.
Second, it allows the inventor to test and perfect a concept prior to filing a full patent.
Crucially, it also puts an official filing date on the record with the USPTO. Being the first inventor to file a concept can be critical to establishing a patent if competing ideas are being considered.
Limitations of a Provisional Patent Application (PPA)
While a provisional patent application offers several advantages, it also some disadvantages.
Length of validity. A provisional patent application only lasts 12 months and essentially acts as a placeholder. Moreover, you only have that 12-month window in which to convert your provisional patent application into a full non-provisional application. Failing to do so before the deadline could result in the loss of your idea. There are no extensions on the one-year time limit.
Limited protection. Since provisional patent applications are often filed in a rush, inventors often leave out important details of the application. This gives them a false sense of security. In reality, a provisional patent application must meet all of the same requirements as a full non-provisional application in order to get full protection. If any detail or component is left out, another person may be able to receive a patent on those features.
Extra costs. While a provisional patent application is relatively inexpensive, you still need to pay for a full non-provisional application within twelve months. That's in addition to the fee you already paid for the PPA, so you end up paying more, in total.
Other limitations include:
Provisional applications can't be filed for design inventions
Provisional applications are not examined on their merits
Provisional applications can't claim the benefit of a previously filed application
Requirements of a Provisional Patent Application (PPA)
A provisional patent application must name all of the inventor(s). The USPTO also advises that the filing include any drawings necessary to understand the invention.
A provisional patent application must also include the filing fee and cover sheet identifying the following:
Inventor residence(s)
Invention title
Name and registration number of attorney and docket number (if applicable)
Correspondence address
Any U.S. government agency that has a property interest in the application
Special Considerations
A provisional patent application is not a provisional patent.
That is, it does not indicate that an idea or invention has been approved or even reviewed for a patent. The application and its protection expire after 12 months, whether or not its inventor files a full patent application.
The provisional patent application records an idea and signals an intention to follow up with the details in a formal patent application.
It can effectively forestall another inventor claiming to have had the same idea at an earlier date. It could be considered the first step in acquiring a patent.
Provisional Patent Application FAQs
What Is the Difference Between a Provisional Patent Application and a Non-Provisional Patent Application?
A non-provisional patent application is the "standard" utility patent application. If you want the USPTO to review your application and ultimately grant your patent, a non-provisional application must be filed.
Meanwhile, a provisional patent application is a quick and inexpensive way to get protection on an invention for 12 months. It doesn't get reviewed by the USPTO and essentially acts like a 1-year placeholder. An inventor must still file a corresponding non-provisional application within 12 months in order to fully benefit from a PPA.
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ideationip · 2 years
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6 Easy steps to file a patent:
If you are an inventor having a new product or invention then filing a patent is necessary, it is a lengthy process and for the people who are claiming it for the first time it looks complicated and confusing. There are 5 easy steps which could take you to the entire patent process. Complete your invention: Any invention can be protected if the purpose of the invention is clearly understood, what and how it is helpful for the people. If the invention is still an idea we have to know that it cannot be protected. The Invention strength plays a major role in a filing a patent and this will make you to complete the invention. Decide whether the invention is patentable: The two main things you must know is the invention must be novel and non-obvious to obtain a patent. Any abstract ideas, natural phenomena and natural laws cannot be patented. Novelty Search helps you understand is there any invention existing similar to our idea or invention. There are different types of patent searches like Novelty assessment, Prior Art Search, Quick Search, Invalidity Search etc... These searches will help us to file a patent. File preparation: The most common type’s patent applications are design patents and utility patents. There are two types of utility Patent. • Provisional • Non-provisional Provisional patent is valid for one year where as Non- provisional patent is valid up to 20 years and to protect the design of an invention design patent application will be the best option. Submitting the first application: You will enter the patent process when you submit your patent application. While filing your patent you have to pay the patent filing fees and you cannot proceed if you fail to pay the fees and if you don’t have the proper documentation. Examination Process: After the completion your patent application will be assigned for examination. The examiner will review and go for in-depth patent search. If the examiner feels that the invention is not novel or any claims, you can go through a process called patent prosecution. The further most important step is to maintain your patent after the approval. Maintenance fees are to paid from the patent issue date.
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ipexcelin · 2 years
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Know About The Patent Registration Procedure
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Have you invented something new and useful? Do you wish to get a patent for it? To get the invention patented first you must be familiarized with the legal procedures which are involved in this patent registration procedure. There are recently updated in the patent regime. With these amendments coming into force, the inventors have various advantages making the patent filing process accessible, seamless and quick.
Know that there are two ways in which an inventor can carry out patent registration in Chennai. One you can file a patent on your own or take guidance from the experts for patent filing. The recent updates in the patent laws have made Indian patent filing easier. Since without proper knowledge filing the patent is a challenging task, hiring a specialist will make the whole process easier. This will also make the patent filing process less stressful.
Steps involved in this patent registration procedure:
Securing the invention – One of the reasons why an individual chooses to get a patent is to protect a unique idea. The patent regime is created especially for inventors to protect their rights and encourage them to make as many more inventions as possible. Hence understand that getting your patent holds greater importance than anything. Hence, to secure your invention write down as many details as possible about the invention and save it as a soft or hard copy so that you can use it for the process of patent registration in Chennai.
Verify whether your invention satisfies the patentability criteria – This can be used as an optional step too. But carrying out this step will help you save money, time and effort. You can conduct the novelty and patentability search so that you can get an idea of whether the invention is worth getting the patent or not. In simple words, this step will help you clearly understand whether you can file a patent or not.
Drafting patent – Drafting the patent requires more knowledge about legal drafting techniques and in-depth technical details. You can either pick a provisional patent application or a complete patent application based on the invention stage.
If your invention is still in the testing stage then you can opt for the provisional patent application which offers you a time of 12 months to improve the invention to the final stage. If your invention is complete after testing, then you can carry out a complete patent registration procedure.
The patent draft should include all the important clauses, detailed descriptions, patent specifications, inventive steps and many more so that it will survive till the end of the patent registration in Chennai and further commercialization.
Filing a patent – Following the patent draft, you can file the patent application at the patent office. They will offer you the patent application number. When you get this number you can be free from worries since you can now prevent any other person from misusing your idea.
Publication of patent and examination by inventor – After filing the patent application, your patent will be published in the official patent journal after 18 months approximately. Following the formal request, an officer will examine the application and offer objections if required. You have to respond to it. If the design and documents submitted satisfy the patentability criteria then you will be granted with patent.
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vyaparsuraksha · 2 years
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What is Provisional Patent Application?
The patent is an elite legitimate right of the patentee that awards him the lawful power to restrict others from making or utilizing a protected innovation. A temporary application is a concise summary revealing the pith and the idea of the creation. The fundamental application can be recorded prior to documenting the total determination. It clarifies the patent in a word yet not totally. Documenting a temporary patent is exceptionally valuable for creators as it locks the need date and gets the development so no other person can guarantee authority over it.  Patent Filing in Jaipur
Documents for filing a Permanent Patent
Description of the Invention
Detailed description of the invention and details about what the patentee wants to claim out of the invention.
Technical aspects of the invention
Technical details about the invention and drawings along with copy of Provisional patent (if filed).
Applicants Information
Name, address, contact details and nationality of each applicant for the patent.
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Benefits of Provisional Patent
Filing a provisional patent is very useful for inventors as it locks the priority date and secures the invention so that no one else can claim authority over it.
Establishes Priority Rights
Filing a provisional patent enables the applicant to secure a priority date for his patent and thus refraining any other individual from filing such a similar patent. Patent Company
Gauge the Worth of Invention
Filing a provisional application is a simpler and affordable step for initial patent protection. The inventor gets 12 months’ time before filing the complete specification which is referred to as complete patent in the common parlance.
Buys Time to make required changes
A provisional patent gives the inventor time to work on the invention and brush up on its utility, novelty, and the inventive factor until it is finalized as per the established standards. A period of 12 months is given to file the final patent draft called a complete specification.
Monetary Returns
The patent is a great asset and can extract way bigger monetary benefits than any other intellectual property if managed intelligently. The owner can license, assign, or sell its patent whenever needed. Many pharmaceutical companies have made great profits through their patented products through licensing, assigning, etc. Patent Company in Jaipur
Process for Permanent Patent
Follow Quick Process
Spare less than 10 minutes to fill our online Questionnaire
Upload all the required Documents to proceed with permanent patent filing
Make quick payment through our secured gateways
Experts at LW are here to help
Assigned Relationship Manager
Consultation regarding the permanent patent application
Drafting of Documents and Agreements
Preparation & Filing of Application
Your Assignment Agreement is ready
All it takes is 25 working days*
Revisions
Suppose the application mentions registering the design in more than one class, then each class of Registration must have a separate application. Patent Registration Services
Presentation
A disclaimer or novelty statement should be attached to each representation concerning the mechanical processes, trademark number, letters.
Delivery & Support
The applicant or authorized person must endorse and duly sign each representation.
Visit More:- Patent Registration in Jaipur
Contact Us:
Address: Jamuna Nagar, Sodala, Jaipur, India, 302006
Phone: 982 938 8100
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thepatentexperts · 11 months
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Provisional Patent Application Drawing | The Patent Experts
Introduction
If you wish to protect an inventive invention, filing a provisional patent application is an important first step. A provisional patent application is a placeholder for your invention that establishes an early filing date and allows you to further develop your concept before filing a non-provisional patent application. A provisional patent application must have a drawing as one of its basic elements. This article will walk you through the process of creating a provisional patent application design that accurately reflects your innovation.
Importance of Provisional Patent Application Drawings
Provisional patent application illustrations are essential for visually representing your invention. They assist patent examiners and potential investors in better understanding your invention's distinctive characteristics and usefulness. Clear and well-executed drawings can increase the likelihood of your provisional patent application being accepted and serve as solid evidence to support your claims.
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Provisional Patent Application Drawing Services by The Patent Experts
Understanding the Requirements for Patent Drawings
When developing a provisional patent application drawing, it is critical to follow the patent office's specifications. These requirements ensure that the drawings accurately show the invention and are easily understood by anybody evaluating the application. Some important guidelines are as follows:
Drawings should be in black and white, with shading added as needed.
Make use of lines and symbols that are clear, exact, and consistent.
Use reference numerals to label various components.
Make certain that the drawings are of excellent quality and resolution.
Avoid including text or descriptions in your drawings.
Tools and Software for Creating Patent Drawings
Patent drawings can be created utilizing a variety of techniques and software. You can select from the following options, depending on your preferences and expertise:
Traditional Hand Drawing: Using drafting equipment and materials such as pencils, rulers, and tracing paper to create a drawing.
Computer-Aided Design (CAD) Software: Using specialized software such as AutoCAD or SolidWorks to create precise and professional drawings.
Patent Drawing Software: Using specialized patent drawing software such as TurboPatent or PatentEasy, which provide tools and capabilities designed specifically for patent illustrations.
Choosing the proper tools is critical to ensuring the accuracy and quality of your provisional patent application artwork.
Steps to Create a Provisional Patent Application Drawing
Determine the Type of Drawing You Need
Determine the type of drawing required for your innovation before beginning the drawing process. It can be an isometric image, a cross-sectional view, an exploded view, or any other type that best illustrates the distinctive features of your innovation.
Make Use of Accurate Measurements and Scales
In patent drawings, measurements and scale are critical. To ensure that the proportions and dimensions appropriately reflect the invention, use precise measurements. A scale indication is also necessary for reference.
Concentrate on Clarity and Detail
Clarity and detail are required to portray the distinctive characteristics of your idea. Make sure your drawing clearly depicts each component, stressing the innovative features and functioning. To distinguish between elements, use different line types and thicknesses.
Incorporate Multiple Views if Necessary
Include numerous angles or views in your sketch if your innovation demands them to effectively show its aspects. Multiple perspectives serve to provide a full understanding of the invention and to demonstrate its various characteristics.
Make use of solid lines and shading. Appropriately
To illustrate visible edges and surfaces, use solid lines. Dashed or broken lines can be used to represent hidden or non-visible items. Shading can be used to improve the three-dimensional illusion, particularly in cross-sectional and isometric views.
Label and Annotate the Drawing
Labeling and annotating your drawing is essential for clarity and understanding. To identify distinct parts and components, use reference numerals. Make a separate legend or key that explains the meaning of each numerical or symbol in the drawing.
Hiring a Professional Patent Illustrator
While creating provisional patent application drawings yourself is doable, engaging a professional patent illustrator can ensure the highest level of accuracy, compliance with patent office rules, and overall aesthetic appeal. Patent illustrators have the knowledge and experience to design drawings that accurately reflect your innovation and increase its chances of success.
Conclusion
Creating a well-executed provisional patent application drawing is critical for protecting your invention and increasing its chances of success. You can successfully illustrate your idea through visuals if you follow the rules, use precise measurements, pay attention to clarity, and pay attention to detail. Consider employing a professional patent illustrator for the best results. With a detailed drawing, you are one step closer to protecting your creative concept.
Get instant access to useful information and expert advice on filing provisional patent applications. To take the next step in protecting your invention, click on the linked link below.
www.thepatentexperts.com
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linneaoberoi · 2 years
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Why file a provisional patent application? | Brealant
The Patent Act of 1952 was revised in 1994 to initially allow innovators to file a provisional patent application (PPA). While there is no such thing as a "provisional patent," the PPA procedure offers several advantages to prospective patent holders:
PPAs create an earlier priority filing date to protect your intellectual property rights; and
Provisional applications are easier and less expensive to prepare than non-provisional applications.
Before completely committing to the patent application process, you might name your idea and accompanying marketing material "patent pending" while considering its financial prospects.
PPAs safeguard your idea while you sort out the details for a non-provisional patent.
PPAs notify the public, including competitors, that you are in the process of obtaining a patent.
In this article, we'll explain why provisional patent applications are useful and the PPA procedure. But first, let's start with a definition of a provisional patent application.
What is a Provisional Patent Application?
A provisional patent application is a sensible first step in obtaining a legitimate patent. The PPA is a cheaper and easier application that allows you to claim "patent pending" for your invention while making changes. However, it is crucial to remember that PPAs do not immediately result in an official patent; to obtain patent rights, you must file a nonprovisional patent application (NPA) within 12 months after your PPA.
(By submitting a nonprovisional patent application, inventors get the ability to describe their innovation as "patent pending.") This creates a grey area in which it is not immediately evident whether you have just filed a PPA or invested in a nonprovisional patent application by naming your innovation "patent pending."
Your PPA should be as detailed as your NPA in describing your idea. A shoddy provisional application will not sufficiently safeguard your intellectual property (IP) rights, therefore contradicting the PPA's objective. A sloppy PPA may also be used against you when filing an NPA since the examiner may decide that you did not have a complete invention when your PPA was submitted.
You may be thinking at this stage, "What constitutes a strong provisional patent application?"
In a word, your PPA should completely explain your invention's major components, how it works, and how it will be utilised. It's also worth considering whether your innovation can be utilised or built-in in more than one manner. Including variants in your PPA discourages others from attempting to circumvent your IP. Consider this method to be an attempt to safeguard both innovation and invention. This information might also be useful if you are familiar with the manufacturing techniques and/or materials that could be utilised to create your innovation.
The more questions you foresee and address in your PPA, the better your innovation will be protected.
What Should You Include in Your Provisional Patent Application?
You should also submit drawings of your invention with the PPA; however, you will still obtain a filing date if you do not include drawings. High-quality drawings assist in explaining your creation and demonstrating that you have a complete working concept. They also increase the perceived worth of your PPA when you show it to a potential investor or licensee. Including many designs might also assist you in avoiding having to resubmit your application. Have you overlooked something in your application's written disclosure? It may still be covered if it is incorporated in a drawing. In the case of PPAs, the old saying "a drawing is worth a thousand words" holds.
Take the time to properly grasp your invention's point of difference in the marketplace and from previous art to guarantee your PPA has value. Use Google Shopping and Google Images to look for similar existing goods for sale. To thoroughly investigate the prior art, use Google Patents or the USPTO's database. Is your innovation genuinely unique? Consider yourself a detective attempting to learn everything you can from previously patented innovations. (However, the prior art is not restricted to patents.) If you decide to proceed and file an NPA, previous art may be utilised as evidence to prevent you from receiving a patent.
To comply with 35 USC 113, the US Patent and Trademark Office (USPTO) suggests that you file "any drawings essential for the understanding of the invention." After filing your PPA, you cannot include a drawing explaining your invention. If you need to alter your PPA for any reason, you will have to register a new PPA, which will affect your priority filing date.
Why Provisional Applications are a Smart Strategy for Inventors?
Obtaining an early priority filing date is one of the most significant parts of submitting a PPA. Because the US is a "first to file" country, acquiring a patent is sometimes a race against the clock. By filing a provisional application, you may safeguard your intellectual property rights against others who may be working on comparable technologies.
With a PPA, you may protect your innovation even before you are completely prepared to file a non-provisional application, allowing you more time to improve the commercial feasibility of your idea. Even better, a PPA's earlier filing date does not start the patent term clock. The 20-year patent term begins when you acquire an official patent, but you may protect your idea for an extra year with the PPA.
Second, preparing a PPA will assist you with defining your invention and identifying possible flaws to strengthen throughout the 12-month "patent pending" period. Finally, if you submit the PPA without the aid of an attorney, the knowledge you gather during the process may help you save time and money if you need to hire an attorney to assist with your non-provisional application.
Think Ahead with Your Provisional Application
If you decide to hire an attorney, make sure they specialise in the field of your innovation. To assist them in doing the best job possible, provide them with your marketing materials and your point of difference in relation to both market items and previous art. Another strategy to improve your PPA is to create a functional prototype and share it with your attorney.
As you learn about your invention's strengths and flaws, you may take action to enhance your design and strengthen your commercial plan.
In terms of commercial strategy, a professional PPA might instil greater trust in your design. Potential licensees are more likely to accept your concept if they perceive that you have a comprehensive design and are skilled enough to defend your IP with a PPA. Indeed, firms that file early PPAs frequently raise the most money, allowing you to enhance your design and promote your idea. In addition, incorporating workarounds, variants, production methods, and materials within your PPA assures investors and future licensees that you have done your homework. You have effectively presented them with a route map.
Finally, a provisional application safeguards your idea from theft. Others will strive to produce rival innovations if your concept is cutting-edge. A PPA is one of the finest methods to prevent competitors from stealing the fundamental components of your design, providing you with a competitive advantage in your industry.
What Does Filing a Provisional Patent Application Entail?
The USPTO website has comprehensive information on the processes and requirements for submitting a PPA. You may technically submit a PPA without the help of an attorney. However, before submitting your provisional application, you should contact a patent attorney. An attorney's counsel might be useful, especially if your innovation is complex or there is a good chance your patent will be contested.
While there are fewer formal criteria for filing a PPA (compared to an NPA), the USPTO advises applicants to evaluate and obey their regulations. The Provisional Application page contains the USPTO's regulations, filing requirements, and required paperwork. PPAs can be submitted electronically without needing a formal claim, oath, or prior art assertions. Filing fees are reasonable but vary depending on the size and kind of your entity ($70 for micro-entities, $140 for small entities, and $280 for big businesses at the time of publication). Because individuals, small enterprises with 500 or fewer workers, universities, and 501(c)(3) organisations qualify as micro-entities, most inventors will only need to pay the $70 filing cost.Read
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brand-registration · 2 years
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List of Myths to Encounter in the Provisional Patent Application
Intellectual property can be quite confusing to ordinary people. While an inventor applies for a patent, there are so many forms, procedures, and data to understand. There is more to it than that. Throughout the patent lifecycle, there are also many litigations and restrictions. It is not uncommon for people to misinterpret information and pass it along. As a result, myths have developed that appear true at first glance, but that are actually misleading. Identifying and dispelling some common provisional patent myths is the purpose of this article.
Myth 1: Existing technology cannot be patented
Inventors might think that their innovation is simply an improvement of an already patented technology. Therefore, the invention cannot be patented. As long as the usage is not obvious, he is able to patent a new use of existing technology.
A new product can also be patented if it is a combination of two previously patented products. It is important, however, that the combination is not obvious. As long as the differences between the products are not obvious to someone skilled in the field, he can patent a similar product as well.
Myth 2: My business has no competitors. Therefore, I do not require a patent for my product.
Inventions with good commercial value will attract new competitors regardless of their novelty. In general, novel and radical inventions gain a competitive advantage. Nevertheless, similar products will appear in the market within a few months. You can thus prevent your competitors from infringing your patent by obtaining a patent and manufacturing, selling, or marketing your product.
Myth 3: Patents protect all illustrations
There is a prevalent myth that appears to be true at first glance. An inventor uses drawings in a patent to illustrate and describe their invention. They often believe that the illustrations in the patent are also protected. The patent protection is mostly based on the "claims" of the patent. There is no guarantee that the illustrated drawings are covered by the claims. A patent's claims should be carefully designed to avoid any infringement or litigation, even though interpreting them is complicated.
Myth 4: Patents will fend off infringers
In general, patents are assumed to protect your product from infringers. Infringers can still copy your processes and products despite patents. It is inevitable that infringers will appear from time to time.
Patents, however, prove ownership of an invention to the patent holder. When there is patent infringement, the patent holder is responsible for using the patent rights wisely. As a result, the patent holder may sue the infringer for infringement. The patent holder is often entitled to monetary damages after court proceedings against the infringer.
Myth 5: Patents protect the inventions across the globe
Patents are generally assumed to be worldwide once they are granted. In reality, patents are country-specific. Inventors can protect their patents only in countries in which they have filed for patent protection. A German inventor who owns a patent for a particular product cannot interfere with its use in India. Through the Patent Co-operation Treaty (PCT), inventors can seek protection in 140 countries through one application.
Myth 6: Patents can only be used in legal proceedings
Patents are often thought of as a tool for identifying infringers and claiming the invention legally during court proceedings by many organizations. Often, they fail to realize the impact patents can have on their market value. Active research and development activities attract more investors to organizations with strong patent portfolios. Consumers also trust patent-protected products, promoting sales. There is no truth to the general perception that patents can only be used for legal proceedings.
Myth 7: Ideas are patentable
Although ideas are the basis of inventions, they cannot be patented. A patent can be granted for a process, a machine, a product, or a composition. An invention can only be patentable if it can be built using the technology or if it is already built. An idea cannot be patented if it is merely an idea.
Myth 8: Provisional patents can be obtained more quickly than patents
Provisional patents are often considered an alternative to regular patents. There is no such thing as a provisional patent technically. This should be referred to as provisional patent applications. A provisional patent application is used by inventors who need to disclose their invention quickly and have little time to prepare the complete patent application.
A patent applicant only needs to submit an outline of the invention with a few specifications and claims. They are valid for one year and give patents an earlier filing date. Provisional patent applications will not be granted patents by patent offices. For a patent to be granted, a complete patent application must be submitted.
Myth 9: A single patent will allow me to monopolize my market
There is a common misconception that patenting a product will grant it a monopoly. Infringers can only manufacture, use, or market your invention with the help of a patent. There is no monopoly granted by a single patent. In the future, competitors may file for more patents with improvements in technology with accurate claims that could exclude the original inventor from the market. Therefore, organizations continue to innovate and improve their patented technologies and acquire additional patents covering more relevant claims and broaden their scope of invention.
Myth 10: Filing patent application is arduous
Inventions are often considered complex by inventors. An inventor who is familiar with the patent filing process, on the other hand, will find it very methodical and comfortable. Today, patent filing procedures can be accessed online and are easily accessible. When designing patent claims or conducting a patent search, it is advisable to consult patent experts.
Identifying facts from myths is never easy. It is imperative that businesses have a clear understanding of patents in order to avoid following misleading information. Investing blindly in such myths can lead to financial loss for a business. Patent attorneys can debunk such myths and assist organizations in building strong patent portfolios.
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patntech · 2 years
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What does Patent Pending mean?
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The legal designation, “patent pending” or “patent applied for” may be used for any kind of patentable process or product to indicate that a patent has been applied for but not yet issued. If a patent application has been lodged to cover an article and the application has not yet been granted/rejected/withdrawn/abandoned, the terms “patent applied for” or “patent pending” can be used.
This is quite an encouraging move for the applicant as it takes considerable time from the date of filing the patent application till the date of grant of the patent. In the meantime, the applicant often gets disappointed and becomes worried as it would take a long time to secure a patent. Once the patent application is filed, the associated product or process can be marked as “patent pending” or “patent applied for”. The marking serves to notify the public, business, or potential infringers who would copy the invention that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued.
On the other hand, the term “patented” or “patent” is used with regard to a particular product when an article is sold in the market for which the patent is already granted covering the product. In the cases where there is unauthorized usage of the words, it could lead to a fine extendable to one lakh rupees.
According to Section 120 of the Indian Patents Act, 1970, it is illegal to use markings such as “Patent pending” or “patent applied for” where no patent has been applied for, and to falsely represent that any article sold by a person is patented in India or is the subject of a patent application in India.
The use of words “patent”, “patented”, “patent applied for” or “patent pending” or any other words that express or imply that a product is patented or that a patent is applied for will refer to a patent in force in India, or to a patent application pending in India, until and unless it is expressly denoted that the patent has been obtained or applied for in a foreign country.
Upon filing the patent application (be it provisional or complete application), an applicant is allowed to use the term “Patent Pending” or “patent applied for” on their product. The use of the status “Patent Pending” indicates that the invention is being pursued by the applicant and the public is made aware that the marked products are believed to be invented.
The advantages of having to attest the words “patent pending” or “patent applied for” is the protection seeking from that potential infringer. The applicant can issue a notice to the infringer(s) upon encountering the infringement. The patent law allows the applicant to impose the probable infringers with the liability of damages, seizures, and injunction once the patent is issued. The privilege extends to immediate commercial promotion of the invention with the least risk of having the invention copied or stolen. It is like an official notice to the competitors, which will be particularly useful in establishing a patent infringement once the claim of the invention is granted by way of a patent.
Likewise, for every advantage, a concept will have its disadvantages too. In this case, the difficulty may arise due to the possible loss of trade secrets. Once the product with a patent pending sign is out then the secrecy of maintaining it till the grant of patent is lost. There is less scope for improvement of the invention in the product or process. The confidentiality of the patent is lost over the course of usage. The “patent pending” status is just security as a creamy layer of the whole patent, but the real security of a patent is actionable only after that grant of a patent, this leads to a false sense of security. To summarise, the negatives include a substantial rise in the actual value of securing a patent, the potential loss of trade secrets, and a false sense of protection.
There are numerous consequences of making the patent application public. While it’s important to weigh the advantages against the risks, such as the likelihood that the notice will encourage a rival to design around your claimed innovation, notification will help a patent applicant gets the most out of a well-drafted patent application.
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Unveiling the World of Patent Drawing Searches and Costs
In the fast-paced world of innovation and intellectual property, patents serve as the backbone of protecting groundbreaking ideas and inventions. Among the critical elements of any patent application, patent drawings play a vital role in visually representing the invention and aiding in its comprehension. However, the importance of patent drawing searches, the associated costs, and the significance of provisional patent drawings often need to be noticed or underestimated. This blog post aims to delve into the realm of patent drawing searches, explore the factors that influence their costs, and shed light on the role of provisional patent drawings.
Understanding Patent Drawing Searches
Patent drawing searches, or patent illustration searches, are a crucial step in the patent application process. These searches involve examining existing patents and related documents to identify prior art or similar inventions that may affect the patentability of a new invention. The goal is to ensure the invention is novel and does not infringe upon existing intellectual property rights.
Skilled patent illustrators and search experts conduct patent drawing searches by thoroughly analyzing patent databases, scientific literature, technical journals, and other relevant sources. They carefully review and compare the drawings and descriptions of existing patents with the invention in question. The objective is to identify any similarities or prior art that might impact the novelty and uniqueness of the invention.
During a patent drawing search, the focus is on finding exact replicas of the invention and identifying similar concepts, components, or features. It is essential to consider the visual and technical aspects when conducting these searches. The search experts carefully examine the drawings, diagrams, and descriptions to determine the level of similarity between the existing patents and the invention being evaluated.
The results of a patent drawing search help patent applicants and their attorneys assess the patentability of their invention. If similar or identical inventions are found, it does not necessarily mean the patent application will be rejected. The search results provide valuable information that helps refine the invention’s claims and specifications to differentiate it from existing patents. It allows the applicant to strengthen the uniqueness and distinctiveness of their invention and present a more compelling case for patent approval.
Moreover, patent drawing searches are not limited to one jurisdiction or database. They may involve searching international patent databases, as inventions and prior art can be filed and documented worldwide. The search experts must consider the global landscape of patents and intellectual property rights to ensure comprehensive coverage.
Factors Influencing Patent Drawing Costs
Several factors influence the costs associated with patent drawings. Understanding these factors is essential for patent applicants and inventors to budget effectively and make informed decisions. Here are the key elements that influence patent drawing costs:
The Complexity of the Invention:
The complexity of the invention directly impacts the cost of patent drawings. Inventions with intricate designs, multiple components, or complex mechanisms require more time and effort to depict the drawings accurately. The level of detail and technical intricacy involved in illustrating the invention affects the workload of the patent illustrator, resulting in higher costs.
Number of Views:
The number of views required for the patent drawings also influences the cost. Patent applications often require multiple perspectives of the invention, including front, side, cross-sectional, and exploded views. Each additional view adds to the workload and time required to create the drawings, thereby increasing the cost.
Level of Detail:
The level of detail needed in the patent drawings is another critical factor in determining the cost. Detailed drawings that capture all the essential features and intricacies of the invention generally require more time and effort to create. Patent illustrators may need to zoom in on specific parts, add annotations, or provide enlarged views to ensure the clarity and accuracy of the drawings, resulting in higher costs.
Specific Guidelines and Standards:
Different patent offices and jurisdictions have specific guidelines and standards for patent drawings. Compliance with these guidelines is crucial to ensure the patent office accepts the drawings. The time and effort required to meet these guidelines can impact the cost. Adherence to the prescribed formats, layouts, labeling requirements, or image resolution can lead to rejections and additional expenses for revisions.
Urgency and Timelines:
Urgency and timelines can also affect the cost of patent drawings. If there is a need for expedited processing or a tight deadline, it may require allocating additional resources or prioritizing work, resulting in higher costs. Planning and providing sufficient time to create patent drawings can help manage costs more effectively.
Choice of Service Provider:
The choice of a patent drawing service provider can influence the cost. Service providers may have varying pricing structures, quality levels, and turnaround times. It is essential to consider the service provider’s reputation, expertise, and experience while evaluating their cost estimates. Choosing a reliable and experienced provider ensures high-quality drawings that meet the required standards.
Revisions and Amendments:
Sometimes, revisions or amendments may be necessary for the patent drawings. This could be due to feedback from patent attorneys, examiners, or changes in the invention during the application process. Revisions and amendments incur additional costs, so providing precise and detailed instructions to the illustrator is advisable to minimize the need for revisions.
Provisional Patent Drawings and Their Role
Provisional patent applications provide inventors with a valuable tool for establishing an early filing date and securing certain rights while they continue to refine and develop their inventions. While formal patent drawings are not always required for provisional patent applications, including provisional patent drawings can offer significant advantages. Let’s explore the role of provisional patent drawings in more detail:
Visual Clarity and Communication:
Provisional patent drawings provide visual clarity and aid in effectively communicating the essence of the invention. Visual representations can convey information more clearly than written descriptions alone. Including drawings in the provisional patent application allows inventors to showcase their ideas visually, making it easier for others to understand and evaluate the invention’s novelty and potential value.
Attracting Potential Investors or Licensing Partners:
Well-crafted provisional patent drawings can be instrumental in capturing the attention of potential investors or licensing partners. Visual representations through drawings can help convey the innovation’s uniqueness and market potential when presenting an invention for funding or partnership opportunities. High-quality drawings can enhance the overall presentation and increase the likelihood of generating interest and support for the invention.
Establishing a Strong Foundation for Non-Provisional Applications:
Provisional patent applications serve as placeholders and allow inventors to establish an early filing date. While formal patent drawings are not mandatory for provisional applications, including drawings can help establish a solid foundation for subsequent non-provisional patent applications. Inventors can lay the groundwork for more detailed and refined drawings in the non-provisional application stage by including provisional patent drawings. This can streamline the drafting process and ensure consistency in the visual representation of the invention.
Enhancing Patentability Assessment:
Including provisional patent drawings can assist inventors in assessing the patentability of their inventions. Visualizing the invention through drawings can reveal potential design or functional improvements or highlight areas requiring further development. Provisional patent drawings allow inventors to critically evaluate the invention’s feasibility and patentability before proceeding to the formal patent application stage.
Supporting Patent Specification and Claims:
Provisional patent drawings can complement the written description and claims of the invention. Drawings can provide additional context and detail that may not be easily conveyed through words alone. By illustrating the invention’s essential features, components, or embodiments, the drawings can strengthen the patent specification and claims, making them more robust and persuasive during the examination process.
It is important to note that while provisional patent drawings can offer significant benefits, they do not replace the requirement for formal patent drawings in the non-provisional application. Non-provisional patent applications must include detailed and accurate formal drawings that meet the specific requirements of the patent office.
Conclusion
In conclusion, patent drawing searches, costs, and provisional patent drawings are integral to the patent application process. Patent drawing searches involve a meticulous examination of existing patents and related documents to ensure the novelty and non-infringement of an invention. The complexity of the invention, the number of views required, the level of detail, compliance with guidelines, and the choice of service provider all influence the costs associated with patent drawings.
Provisional patent drawings, although not mandatory, offer several advantages. They provide visual clarity, aid in effective communication of the invention’s essence, and can attract potential investors or licensing partners. Furthermore, provisional patent drawings establish a strong foundation for subsequent non-provisional patent applications, enhance patentability assessment, and support the patent specification and claims.
By understanding these aspects and considering them throughout the patent application process, inventors can better navigate the complex world of intellectual property, protect their innovative ideas, and increase their chances of obtaining valuable patents. It is crucial to allocate resources wisely, engage skilled patent illustrators, and provide clear instructions to ensure high-quality patent drawings accurately represent the invention.
In the ever-evolving innovation landscape, patent drawing searches, costs, and provisional patent drawings play pivotal roles in safeguarding intellectual property and securing the rights to groundbreaking inventions. By leveraging these tools effectively, inventors can establish a strong position in their respective industries, attract support and investment, and contribute to advancing technology and society as a whole.
Read More:
Patent Drawing Cost: Understanding Provisional Patent Drawings and Finding the Best Patent Drawing Services
A Comprehensive Guide to Provisional Patent Drawings: Sample Patent Drawings and Best Practices
Unveiling the Best Patent Drawings: A Guide to Patent Illustration Services
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