How to protect my Invention?

August 17, 2011
Biotechnological Patents, Chemical Sciences Patents, Diagnostics Patents, Genetic Engineering Patents, Inventions, Inventors, Medical Sciences Patents, Microbiological Sciences Patents, Patents

How do I protect my invention? Do I need a patent, trade mark, or copyright?

For public disclosure and protection of an invention, the inventor needs to apply for a patent.

A patent is an exclusive right granted to an inventor for a limited period of time.

A patent application must define the invention as new, non-obvious, useful or industrially applicable.

This exclusive right granted to an inventor prevents others from making, using, selling, or distributing the patented invention without permission.

In most countries, both people and corporate entities may apply for a patent but in the United States only the inventor may apply for a patent.

A written patent application is filed at the relevant patent office by a patent attorney representing the applicant. The person or company filing the application is referred to as the applicant. The applicant may be the inventor or its assignee.

The application contains a description of how to make and use the invention. In some countries there are requirements for providing specific information. Drawings illustrating the invention may also be provided.

The application also includes one or more claims. The claims define what a patent covers or the scope of protection.

After filing the patent application, it is referred to as patent pending. This term does not confer legal protection, and a patent cannot be enforced until granted.

For a patent to be granted and take legal effect, the patent application must meet the requirements of that country. Once a patent is granted it is subject to renewal fees which are payable on a yearly basis.

A patent is not a right to use your invention but right to exclude others from using it.

The patented invention is usually protected for 20 years from the filing date subject to the payment of fees.

Patent rights may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned.

Many inventions are improvements of other inventions that may still be protected by a patent. If an inventor takes an existing, patented design, adds a new feature to make an improvement, and obtains a patent on the improvement, he can only legally build his improved design with permission from the patent holder of the original design.

Will I need an Intellectual Property Attorney?

Filing a patent application is very complex. Patent offices will not assist you in the preparation of applications, however, they do provide you with some instruction and guides. If you are ready conduct any intellectual property activity as a beginner you are strongly advised to contact a registered patent attorney or agent.

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