Patent

PRESENTED BY SAAD FAROOQ

Intellectual Property

Intellectual property refers to creations of the mind: inventions;

literary and artistic works, and symbols, names and images used in
commerce. Intellectual property is divided into two categories:

Industrial Property includes patents for inventions, trademarks,

industrial designs and geographical indications.

Copyright covers literary works (such as novels, poems and plays),

films, music, artistic works (e.g., drawings, paintings, photographs and
sculptures) and architectural design.

What is Patent?

The word patent originates from the Latin patere, which means to
lay open(i.e. make available for public inspection).

A patent is license granted by government to inventors for limited time

period to stop others from making, using or selling an invention without
permission.

Protection of patent has deep roots in the U.S history and is the only
form of intellectual property right expressly mentioned in the original
articles of the U.S constitution.

What is Patent?

The first patent was granted in 1790 for a process of making potash an
ingredient in fertilizer.

The patent was signed by George Washington and issued to Vermont

inventor named Samuel Hopkins.

Most patents are valid for 20 years in U.S. By granting the right to
produce a new product without fear of competition, patents provide
incentive for companies or individuals to continue developing
innovative new products or services.

Types of Patent

There are three types of patent:

Utility Patent: Patent in this category may be granted to any one who
invents for new and useful process, machine, manufacture, or any
new useful improvement thereof. The term of a utility patent is 20 years
from the date of the initial application. After this patent expires and
invention falls to public domain.

Business Method Patent is a patent that protects an invention or

facilitate a method of doing business.

Types Of Patent

Design Patent: are Second most common type of patent and cover
the invention of new , original, and ornamental designs for
manufactured products. A design patent is good for 14 years from the
grant date. While utility patent protects the way product is used and
the design patent protect the way it looks.

Plant Patents: protect new varieties of plants that can be reproduced.

These patents provide protection for companies specializing in plant
genetics and related areas. The plants that can be reproduced
asexually are reproduced by grafting or cross breeding rather than by
planting seeds.

Before Applying For Patent

Before applying for a patent, thoroughly consider the following factors:

Patent research.Make sure your idea isn't infringing on someone

else's patent. To do that, you should conduct a "preliminary patent
search." This step will help ensure that your idea hasn't already been
patented. You can either hire an expert to help you or perform this step
yourself. (More advice on this later.)

Prototype.You should develop a basic prototype to determine your

product's functionality. This ensures you have a close-to-final design
when you do file for a patent. (Changing materials or mechanics is
difficult once your patent's been filed.)

Before Applying For Patent

Market research.Define your market and determine how large it is. If

it's too small, your product may not be commercially viable.

Cost to manufacture.Determine how much it will cost to

manufacture your product. If it costs more to make than the market is
willing to pay, your invention is just a money pit.

Process Of Obtaining a Patent

Step 1 Make Sure Invention is Practical: There are two rules of thumb
for making the decision to patent. Intellectual property that is worth
protecting typically is directly related to competitive advantage of the firm
seeking the protection or has independent value in market place.

Step 2 Document When the Invention was Made: Put together a set
of documents clearly stating when the invention was first thought of, dates
on which experiments were conducted in perfecting it, and the date it was
first used and found to operate satisfactory. An Invention log Book
documents the dates and activities related to the development of particular
invention. First-to-invent rule rather than first-to-file rule meaning that
the person who invent the an item or product is preferred on the person
who is first to file.

Process Of Obtaining a Patent

Step 3 Hire a Patent Attorney: It is highly recommended that an

inventor work with a patent attorney. Even though there are patent it
yourself books and websites on market. As an indication of the
difficulty of writing a patent application.

Step 4 Conduct a Patent Search: To be patentable, an invention

must be different enough from what already exists. A patent attorney
typically spends several hours searching the USPTOs database to
study similar patents.

Step 5 File a Patent Application: If the inventor decides to proceed,

is to file a patent application with USPTO in Washington D.C
Applications can be filled electronically or by mail.

Process Of Obtaining a Patent

Step 6 Obtain a Decision From USPTO(United States Patent and

Trademark Office): When USPTO receives a patent application, it is
given a serial number and assigned to an examiner, and then waits to
be examined.

Advantages Of Getting Patent

A patent gives you the right to stop others from copying,

manufacturing, selling or importing your invention without your
permission.

You get protection for a pre-determined period, allowing you to keep

competitors at bay.

Alternatively, you can license your patent for others to use it, or sell it,
as with any asset.

Disadvantages Of Getting Patent

Your patent application means making certain technical information about

your inventionpublicly available. It might be that keeping the details of
your inventionsecretwill keep competitors at bay more effectively.

Applying for a patent can be a very time-consuming and lengthy process

(typically three to four years) - market may have changed or technology
may have overtaken your invention by the time a patent is granted.

You'll need to remember to pay your annual fee or your patent will lapse.

Cost - it will cost you money whether you are successful or not.

You'll need to be prepared to defend your patent. Taking action against an

infringer can be very expensive.