Patent filing is a process of submitting a written application to the patent office to request a patent grant for the respective invention. It is necessary to maintain the guidelines and rules during the filing process. Also, a Patent grant is wholly based on the Patent filing.
You must specify the features of the invention, submit legal forms and follow the instructions of the Patent office to increase the chances of Patent grant.
Moreover, you must submit the application to the Patent office only if you have a patentable idea/invention. There exist different types of patent filing. It is very important to determine the relevant type for your Patent.
General Patent types:
- Utility Patents
Utility patent preserves the working and use of a particular product or invention. It includes process, machine, products, or matter composition.
Moreover, they are meant for the invention having a useful purpose, for example, a new engine for cars.
A Utility Patent lasts for 20 years from the date of filing, if you file it after 8 June 1995.
- Design Patents
The design patent deals with the visual shape or design upgrade to the article of manufacture. It describes a new ornamental feature of the item and protects the way how an invention looks.
The design patents get a time period of 15 years from the date of issue if you file it after 13 May 2015.
Example, You can attain a utility patent for a new function of the watch and you can also attain a design patent for it if you made any new ornamental changes.
- Plant Patents
You may obtain a Plant Patent if you discover or reproduce (through cross-pollination) a new variety of the plant. The plant must not be present in any uncultivated state.
A Plant patent also have a lifespan of 20 years from the filing date, if filed after 8 June 1995.
You must decide the type of Patent application if you are done with the type of Patent.
Types of Patent applications:
There are generally two types of patent applications.
- Provisional Patent application Filing:
In 1995 it became necessary to differentiate between provisional patent application and non-provisional patent application after USPTO authorized provisional application filing.
A provisional patent application is different from the non-provisional application. This is so because you do not fill all the formalities with it.
Moreover, it just states the motto of your patent application and helps to obtain a patent pending stage for your invention.
After this, you must file a non-provisional patent application within 12 months.
2. Non-Provisional Patent application Filing:
A non-provisional patent application is the complete detailing of your invention through illustrations and written claims. Also, you must write a description of the invention in such a way that any third person with ordinary skills is able to recreate the invention.
However, rafting this specification and claims makes the non-provisional patent application somewhat difficult. Complex patent applications require professional drafters to illustrate the details and create drawings to present the invention in a better way.
3. International Patent Filing:
PCT (Patent Cooperation Treaty) is an international agreement with many countries. According to PCT, the inventor must file a single international patent application to assure protection for the invention among the countries that had already signed the agreement.
The WIPO (World Intellectual Property Organization) contains a list of every member of the PCT agreement.
However, an applicant must follow the guidelines provided by the patent office of the respective country, if he/she wants to file a patent in a particular country.
Related Article: How To Write a Patent: The Most Important Tips, Tricks and Hacks
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