Steps Involved for Getting a Patent
February 27th, 2009 | by Ramaswami |Patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
The steps involved for getting a patent or patent filling basics are as follows
An application for a patent can be filed by the true and first inventor. It can also be filed the by the assignee or legal representative of the inventor. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.
Every application shall be accompanied by a provisional or complete specification. Filing of a provisional specification allows the applicant to get an early application date.
Provisional Specification shall contain Title, Written Description, Drawings, if necessary and Sample or model if required.
The complete specification shall contain Title, Abstract, Written Description, Drawings (where necessary), Sample or Model (if required by the examiner), Enablement and Best Mode, Claims and Deposit (Microorganisms)
The following documents have to be submitted at the time of filing patent applications are
Form 1 – Application for the grant of patent.
Form 2 – Provisional or Complete Specification.
Form 3 – Statement and undertaking by the applicant.
Form 5 – Declaration as to inventorship.
Form 26 – Authorization of patent agent or any other person.
Priority document details have to be filed for a Convention application.
To get a U.S. patent, it should be filled in U.S. Patent and Trademark Office. There are two types of patent applications namely provisional and non -provisional patent application.
Patent Application can be filed at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai and Mumbai. A patent provides protection for the invention to the owner of the patent. A patent is granted by a national patent office or by a regional office.
The protection is granted for a limited period, generally 20 years. Priority date is the date of first filing allotted by the patent office to an application. There are three different types of patents utility patent, design patent and plant patent on a new variety of living plant. The first step in securing a patent is the filing of a patent application. Patent search should be conducted before filling the application.
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