A guide to patents

Patents protect original inventions from being copied without authority. In order for a product to be patented, it does have to fit certain criteria. A patent will legally prevent others from using the idea for their own needs or making their own versions of a product which resemble it too closely available for commercial purposes.

Some patent violations have been of very high profile, with courts forcing companies to remove patent-infringing products from sale and even fining the companies involved heavily in the process, often forcing them to hand over their profits to the violated organization. There may be a long period of time elapsing between a product being patented and released onto a market as discussed in this article on https://www.collegian.psu.edu/xpert_advice/article_1c0ae35e-1916-11e9-a355-13e0947b8cdc.html. The pharmaceutical industry is often associated with patents, preventing other companies from copying the ideas behind their medicines.

In order for Patents to be approved an idea does need to be new, and most be original enough for another expert in the industry to be likely to have thought of it themselves. A patent usually has to be a product of some description and should not be confused with copyright which is usually used to protect works of a non-tangible nature such as music and novels for instance. You cannot use patents to protect a theory or method, a solution or anything illegal or immoral. Once patents have been granted they do need to be renewed every year once five years have elapsed in order to continue to be recognized legally.

You should consider whether patents are suitable for your invention before you do make the leap. A patent can be owned by a single individual, a pair or group of individuals or by a business. It is however important to remember that if your patent application is successful, you’ll only be protected within the government region that you applied for – meaning that you may need to apply for multiple patents in order to protect you anywhere else. You can always hire professional patenting company, such as InventHelp, to do the heavy lifting for you.

How Will I Know if I Can Obtain a Patent?

It isn’t always clear if an invention meets the requirements to be considered patentable. What might seem new to one person may already be known to another. Therefore, a good starting point would be to have a patent search performed on the invention to discover if anything similar exists. A patent search consists of a search of existing patents, published applications, and sometimes the internet to determine if the invention itself or other relevant prior art exists.

If the results of the search indicate some similarities between prior art and the invention then a patentability opinion may be desired. A patentability opinion is performed by a patent attorney or agency, such as InventHelp, and is based on the results of the patent search. Each result is carefully scrutinized and compared with the invention to determine if the invention has novel features and would be non-obvious in view of the patent search results.

There are three types of patents:

  • Utility Patents may be granted to an inventor of any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
  • Design patents may be granted to an inventor of a new, original, and ornamental design for an article of manufacture.
  • Plant patents may be granted to an inventor who invents or discovers and asexually reproduces any distinct and new variety of plant.

Applications made for the above types of patents are known as non-provisional applications. A provisional application is a separate application which is shorter than a non-provisional application and which is essentially a tool to obtain an early filing date, and to find out more visit https://blogs.harvard.edu/blockchain/the-realities-and-constraints-of-the-new-tech-age-inventhelp-to-the-rescue-of-struggling-inventors/.