06 Apr 2018

Patenting–An Overview for the New Inventors

If you want to see your idea turning up into a completely developed invention, then it’s an indispensable task to acquire some type of patent protection, if not fully, then the “patent pending” status will also work. Without filing patent protection, it is risky to promote the idea as the idea can be stolen easily. More than that, the businesses you approach will never accept you in a positive way as without the ‘patent pending’ status, your business idea will just be an idea.

When does an idea become an invention?
Whenever an idea becomes patentable, it is referred to as an invention.

Should I discuss my invention idea with anyone?
Yes, the idea can be discussed as it should be determined that your idea is patentable or not, and if there are any other similar ideas that have that potential, to warrant the cost of patenting, in order to prepare the patents themselves.

Elaborate Confidential Agreement
A confidential agreement or a non disclosure agreement means a legal binding of the agreement between 2 parties where one party is the inventor or a delegator and the other one is any person or entity with whom the confidential agreement is being shared. This type of agreement is not suitable for advertising the invention nor is it designed for that purpose. On the other hand, it should be kept in mind that the Confidential Agreement has no standard format or content, it is often drafted by the parties or is acquired from other resources such as the Internet. In case of any dispute, the court will honour this agreement in maximum countries only if the content of the agreement is accepted legally.

How can the ideas be discussed without the risk of losing them?
For any new inventors, there can be a risk of losing the idea after it has been discussed with anyone. So, to keep it safer, there can be 2 ways out: (I) By directly approaching the reputed patent attorney, who will keep the invention confidential. The other option can be a bit expensive; (II) By getting in touch with the professionals who are dealing with the invention promotion. There are numerous organizations/persons who will keep the ideas in confidence and it is best to go for a confidential agreement with them, where they promise solemnly to keep your invention confidential. Comparatively, this is a much secure and a rather economical way to keep your ideas in confidence and is a good option for new inventors.

What is meant by Patents?
Patents are the documents which help in disclosing any invention, and if the idea is designed by the inventor, then it provides legal protection against any unauthorized use. Patents can be easily sold and brought so the owner of the patent may not be an inventor. Also it may be possible to retain the patent while advertising it for the right use.

What is a Provisional Patent?
Provisional Patents are the abstract versions of the final patents that offer to complete the international priority protection after 1 year. The most important aspect of a provisional patent is that on lodging it with the patent office, it will be termed as “dormant” and will be not be judged under any legal challenge.

What is a Final Patent?
The copy of the Final Patent is the unchangeable form of your invention. Usually, the final patent has the formal structure of contents that contains the background literature, claims, disclosure of invention, embodiments, practical examples for reference and detailed facts and figures. This final patent will protect your invention till 20 years from the date of filing and the applicant will get the formal patent document once it is complete and fully accepted. Therefore, it is recommended that the final patent should only be taken out where it is highly warranted.

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