 | Filing a Patent | |  |
Who should file a Patent?
While patents are internationally recognized as the most common way for inventors to gain protection for their innovation, and for inventors to be able to more easily control the process of moving from an idea to the commercialization of that idea, not all inventions necessarily need to be patented.
If the invention is one that results in a product that will have a relatively short lifespan (between six to twelve months) then the inventor’s resources might better be spent on marketing and selling the product than on protecting it through the patent system.
On the other hand, and this is where most inventions fit, gaining patent protection is almost a mandatory step in a new products life as it will allow the inventor breathing space to enable the invention to go from an idea to a prototype(s) to marketable product without fear of being copied, or at the very least with redress in the courts.
How to file a patent
Any inventor can file a patent application or commission a patent agent do so on their behalf.
Most of the major Patent Offices provide handy tips on how to fill out the various forms required and explain the basic format of a patent but that is as far as they are able to help. While most Patent Office staff usually very helpful they are not allowed to advise on the specific content of a patent application, nor are they allowed to draft patent applications on behalf of the public. Theirs, is a position that relies on impeccable neutrality and is a status that strictly observed in all countries.
In just about every instance it is advisable to leave the drafting and prosecuting of a patent application to your patent agent. Patent agents are experienced in such things and will help you gain maximum benefit from your invention. Having said that, no-one knows the invention better than the inventor and they can help themselves and reduce costs by providing their agent with a clear description of how the invention works, by providing drawings or illustrations showing all of the essential parts of the invention along with a clear description of how those parts relate to each other. It is also a good idea to list as many advantages that you feel that your invention has over previous models or formulations.
What Do I Put in My Patent Application?
The basic format of a Patent is the same the world over. There is no single right way to draft a patent and just about every patent agent has his or her own individual style. Suffice to say, all patents should contain the following:
A Title A paragraph indicating the field of the invention and its technical character A background to the invention, often outlining the particular problems or defects attributable to existing products or processes A description of the invention showing clearly and concisely how your invention works so that it can be reproduced by a person working in the same the technical field as the invention. A detailed description describing the best method of performing the invention. The detailed description will often include a worked example of the invention and will be accompanied by drawings, examples, scientific data, which will illustrate a preferred embodiment of the invention. Claims. The Claims are often considered to be the most important part of the patent document and define the monopoly or extent of protection being sought. An Abstract. In most countries it is important to provide an abstract that summaries the invention and its applications.
Advantages of Filing for Patent Protection.
In most instances Patents are filed so that inventors can reap the rewards of their innovative labours and to prevent competitors and would-be infringers from freely usurping the products of those ideas. As all inventors will tell you, the journey from that initial flash of brilliance to a marketable product takes hard work and often, considerable physical resources. Filing a Patent application allows an inventor to consolidate and formalize the results of that inspiration.
Patents, being an Intellectual Property, can be bought and sold, licensed or mortgaged. They allow innovators to capitalise on any advantage that new products or processes, the fruits of their invention, will have in the market. They provide a foothold into technology areas and give an inventor early access to consumers and distributors. As such, Patents, because of the exclusive rights that they confer on the patent holder, allow patented products to be sold at premium prices.
Another advantage that patents afford inventors is to give them the ability to assess the financial aspects of bringing new products to a market, such as product costs and pricing strategies. They also enable inventors to enter into distribution agreements and advertising programmes without fear that competitors will flood the market with similar goods at a lower price.
The above and further significant advantages that filing a patent brings are summarized below:
Informs the marketplace of an inventor’s serious commercial intent. Allow inventors to charge premium prices for new products & new processes. Gives inventors time to further experiment and to publicly disclose the invention. Makes it easier to establish distribution agreements. Makes it easier to enter into licensing agreements. Forces competitors to themselves innovate. Provides inventors with a saleable piece of technology. Can be an attractive force to consumers Publicises the patent owner and inventor as a market leader.
Next – Provisional Patents