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Learn The Facts of a Patent Application

Learn The Facts of a Patent ApplicationWhat is a Patent and who issues them?

A patent is an exclusive right granted by a state, particularly a national government, to an inventor or assignee, for a limited amount of time in exchange for a public disclosure of an invention or idea.

The procedure for issuing patents, the requirements placed on the holder of the patent and the extent to which the exclusivity rights protect the invention or idea will vary widely between countries based on particular national law and international agreement. In most cases, a patent application will include one or more claims to define the invention; to obtain a patent, the idea or invention must be new, useful, non-obvious or industrially applicable.

A patent offers the creator of a particular invention or idea the exclusive right to prevent others from making, using, distributing or selling the patented invention without permission. A patent is simply, a right to prevent other manufacturers, individuals or producers from using or infringing upon the underling invention or idea.

Patents are regulated under the World Trade Organizationā€™s Agreement on Trade-Related Aspects of Intellectual Property Rights; this organization will make patents available to WTO member states for any inventions or ideas relating to all fields of technology. The terms attached to such patents will offer exclusive rights to holders for a minimum of twenty years; however, different types of patents may have varying terms attached to the exclusivity of the underlying patent.

In the United States, the USTPO (United States Trademark Patent Office) is the governmental organization responsible for issuing patents and administering the patent application. All inventors and creators of novel or useful products must submit a patent application with the United States Trademark Patent Office in order to obtain a legal patent. The United States Patent and Trademark Office works with the Japan PTO and the European PTO to make up the trilateral patent-issuing organization.

What is a Patent Application and how do I complete one?

A patent application is a formal request delivered to a patent office for the grant of a patent for an invention described and claimed by the underlying patent application. A patent application consists of a description of the underlying invention (known as a patent specification), combined with official forms and correspondence relating to the patent application. In addition to the tangible document, a patent application also refers to the process of applying for a patent or for the patent specification itselfā€”meaning the content latent in the document filed with a view to begins the process of applying for a patent.

In order to obtain a patent, an individual, must file a patent application at a patent office with jurisdiction to grant a patent in the distinct geographic area over which coverage is appropriate. In most instances, this will be a national patent office, but could also take the form of a regional body. When the patent specification complies with the laws of the appropriate office, a patent may be issued for the invention described and claimed by the specification.

The process of arguing or negotiating with a patent office for the issue of a patent, as well as general interaction with a patent office with regard to a grant is known as patent prosecution. This formal engagement with a patent office is unique from patent litigation which more closely related to legal proceedings for infringement of a patent once it is granted.

Elements of Patent Infringement

Elements of Patent Infringement

Patent Infringement Defined:
Patent infringement refers to the commission of a prohibited act with respect to a patented invention without the expressed permission from the holder of the patent. In essence, patent infringement refers to the use, selling, marketing or tampering with an invention that has previously been patented by the assumed creator or group associated with the invention. 
Permission in this regard, will typically be granted in the form of a license. As a result, the definition of a patent infringement may vary by jurisdiction or country, but in the most general of senses, patent infringement will typically include using or selling the underlying patented invention. 
The scope, meaning the specifications attached to the underlying patent, is typically outlined and defined in the claims of the granted patent. In other words, the terms of the claims issued to inform the public of what is not allowed without the expressed permission of the patent holder. 
All patents are territorial in nature; as a result, patent infringement is only allowable or even possible in a location where a patent is in force. For instance, if a patent is filed in the United States of American, then all citizens of the United States is effectively prohibited from using, making, selling or importing the underlying patented item. 
That being said, people in other countries are free to make the patented item in their respective territory or country. Furthermore, the scope of the patent will vary from country to country, due to the fact that all patents are examined by the patent office in each country or region and therefore may have some difference of patentability. 
Elements of Patent Infringement:

When a party imports, sells, uses, manufacturers or offers for the sale of patented technology, during the life of a patent and within the country that the patent was issued, the individual will be considered guilty of patent infringement. Although the test for patent infringement will vary based on location, in general, patent infringement will require that the infringing partyā€™s product falls within a claim of the patent. 
As a result of this definition, the use, selling, manufacturing or importing of the patent item must fall in line with the specific patentā€™s claim to be considered patent infringement.
When a party is accused of patent infringement, the accused party may general assert one or more of the following arguments:
The party was not practicing the patented invention
The party was not performing any infringing act in the territory covered by the patent
The patent was expired when the party was using the invention
The patent is invalid because the invention in question does not meet the patentability issues attached to the patent or the patent includes a formal defect, rendering the patent invalid or unenforceable 
The party obtained a license under the patent or the patent holder is infringing patent right belonging to the accused infringing party and the using party may resolve the dispute in settlement. 

All About Patent Offices

All About Patent Offices

Patents Explained:

A patent is an exclusive right granted by a state, particularly a national government, to an inventor or assignee, for a limited amount of time in exchange for a public disclosure of the underlying invention or idea. 
The procedure for issuing patents, the requirements placed on the holder of the patent and the extent to which the exclusivity rights protect the invention or idea will vary widely between countries based on particular national law and international agreement. In most cases, a patent application will include one or more claims to define the invention; to obtain a patent, the idea or invention must be new, useful, non-obvious or industrially applicable. 
A patent offers the creator of a particular invention or idea the exclusive right to prevent others from making, using, distributing or selling the patented invention without permission. A patent is simply, a right to prevent other manufacturers, individuals or producers from using the underling invention or idea. 
Patents are regulated under the World Trade Organizationā€™s Agreement on Trade-Related Aspects of Intellectual Property Rights; this organization will make patents available to WTO member states for any inventions or ideas relating to all fields of technology. The terms attached to such patents will offer exclusive rights to holders for a minimum of twenty years; however, different types of patents may have varying terms attached to the exclusivity of the underlying patent. 
What is a Patent Office?

A patent office is a government or intergovernmental organization which is responsible for controlling the issue of patents. As a result of this responsibility, a patent office is required to administer and evaluate all patent applications. 
The patent office therefore will either grant or reject a patent based on an inventorā€™s or creatorā€™s patent application. The patent office will either issue or reject a patent based on the applicationā€™s ability to fulfill the requirements for patentability. 
Within the context a nationā€™s patent law, an invention or idea is patentable if it meets the relevant legal conditions to be granted a patent. Furthermore, patentability also refers to the substantive conditions that must be satisfied for a patent to be held legitimate or valid. 
Patent laws, which are enforced by the underlying patent office, will typically require that, in order for an invention or idea to be patentable it must satisfy the following requirements:
The invention must be of patentable subject matter, meaning it is eligible for patent production
The invention must be novel or at least some aspect of the invention must be now
The invention must be non-obvious or must involve an inventive step
The invention must be useful or susceptible to industrial application. 

Use a Patent Search To Find What You Need!

Use a Patent Search To Find What You Need!

What is a Patent?
A patent is an exclusive right granted by a state, particularly a national government, to an inventor or assignee, for a limited amount of time in exchange for a public disclosure of the underlying invention or idea. 
The procedure for issuing patents, the requirements placed on the holder of the patent and the extent to which the exclusivity rights protect the invention or idea will vary widely between countries based on particular national law and international agreement. In most cases, a patent application will include one or more claims to define the invention; to obtain a patent, the idea or invention must be new, useful, non-obvious or industrially applicable. 
A patent offers the creator of a particular invention or idea the exclusive right to prevent others from making, using, distributing or selling the patented invention without permission. A patent is simply, a right to prevent other manufacturers, individuals or producers from using the underling invention or idea. Patents are regulated under the World Trade Organizationā€™s Agreement on Trade-Related Aspects of Intellectual Property Rights; this organization will make patents available to WTO member states for any inventions or ideas relating to all fields of technology. The terms attached to such patents will offer exclusive rights to holders for a minimum of twenty years; however, different types of patents may have varying terms attached to the exclusivity of the underlying patent. 

What is a Patent Search and how do I conduct one?
A patent search is a fundamental step required to obtain a patent. A patent search enables an inventor or individual with a novel idea to cross-reference his particular vision to ensure that it has yet to be patent by another developer or inventor. In simple terms, the patent search will inspect all previously-issued patents and observe the inventions and ideas in which they cover to make sure that your particular idea or invention has not been patent already.
 There are several ways to conduct a patent search; an individual can utilize a professional service or can conduct an online patent search to evaluate all previously-issued patents in a particular industry or field. To conduct a self-driven patent search you must first determine what type of patent you will be seeking. For instance, a utility patent will cover the functional aspects of your invention, whereas a design patent will only cover the appearance of your particular invention. 
After you have chosen which type of patent to go after, you must access an online patent database, offered by GOOGLE, the U.S. Patent Office, the United States Trademark Office or IBM. Upon inspecting these services, you must determine the most relevant classes and subclasses for your particular invention. 
Once you have determined the subclasses, you must read the class descriptions in the database to observe which are relevant to your underlying idea. During this process you must review all patents issued within those particular classes; to conduct this search, you must use comprehensive keyword searches for your potential invention. 
If you donā€™t feel like partaking in a self-driven patent search you can hire professional search to conduct the patent search for you. A patent agent or attorney, is an individual who possesses technical training and is licensed by the United States PTO in order to prepare and administer patent applications. 

Provisional Patent Application

Provisional Patent Application

What is a Provisional Patent application?
According to United States patent law, a provisional patent application is a legal document filed in the United States Patent and Trademark Office, which specifically establishes an early filing date, but does not mature into a formalized patent unless the applicant files a regular grant for a patent within one year. In general, there is no such thing as a ā€œprovisional patentā€; the provisional patent application will include specification, meaning a description or a drawing of an invention. 
The application for a provisional patent does not require formal oaths, information disclosure statements, declarations, or patent claims to be delivered by the inventor. Furthermore, as a result of the exclusion of an exanimation of the patentability of the application, the United States Patent and Trademark Office fee for requesting a provisional patent application is significant lower than the fees associated with filing a standard patent application.
The United States Trademark and Patent Office and Provisional Patent Applications:
In the majority of instances, a provisional patent application will establish an early effective filing date in one or more continuing patent applications following the priority date of an invention disclosed in prior provisional patent application by one or more of the same inventors. 
The provisional patent application is not examined by the United States Patent and Trademark Office and as a result can never become a formal patent. In addition, the provisional patent application is not published and therefore simply a part of any later non-provisional application which references it and becomes public following the issuance of a patent.

What is a Traditional Patent?

A patent is an exclusive right granted by a state, particularly a national government, to an inventor or assignee, for a limited amount of time in exchange for a public disclosure of an invention or idea. 
The procedure for issuing patents, the requirements placed on the holder of the patent and the extent to which the exclusivity rights protect the invention or idea will vary widely between countries based on particular national law and international agreement. In most cases, a patent application will include one or more claims to define the invention; to obtain a patent, the idea or invention must be new, useful, non-obvious or industrially applicable. 
A patent offers the creator of a particular invention or idea the exclusive right to prevent others from making, using, distributing or selling the patented invention without permission. A patent is simply, a right to prevent other manufacturers, individuals or producers from using  or infringing upon the underling invention or idea. 
Patents are regulated under the World Trade Organizationā€™s Agreement on Trade-Related Aspects of Intellectual Property Rights; this organization will make patents available to WTO member states for any inventions or ideas relating to all fields of technology. The terms attached to such patents will offer exclusive rights to holders for a minimum of twenty years; however, different types of patents may have varying terms attached to the exclusivity of the underlying patent. 

What Does Patent Pending Mean?

What Does Patent Pending Mean?

The term ā€œpatent pendingā€ is often used on certain products by inventors that have begun the application process in regards to securing patent protection and have submitted the application for review to the United States Patent and Trademark Office.  
The granting of a patent by the USPTO is known to be quite a lengthy procedure, often times taking up to three years to issue the patent. During such time, the owners of the invention or the patent holders will often affix the words ā€œpatent pendingā€ on their invention or product in order to give notice to others that the patent application process is underway. 
Conditions to Use Patenting Pending
In the United States, there are certain requirements imposed by applicable patent laws in regards to the correct usage of ā€œpatent pendingā€ notices on inventions or products. The most important requirement would prove to be obvious, which is to formally have an actual patent application filed with the USPTO. 
The type of application in regards to the patent may not matter for the use of the patent pending notice, though it is normally associated with the provisional patent application. The provisional patent application will not commence the formal investigation process until after a year from the date of the application. 
Furthermore, no claims are necessary to be included in the application. This allows for the inventor to make the proper adjustments to the invention in order to be within the constraints of patentability. 
In the case that the patent pending statement is used on an invention or product, it is conditional upon having to file for a standard, non-provisional patent within 12 months from the date the application was filed. 
In order to legally use the patent pending mark, the application for registration must have already been started and can only be affixed by the creator or owner of the invention. The patent pending mark is to be temporarily used until a formal and official patent number is given upon granting patent rights. 
Using the patent pending mark on a product or invention that has not undergone the necessary application procedures is considered to be a federal crime in accordance to United States patent laws and statutes.  Violating such imposed regulations can result in heavy fines and possibly even imprisonment. 

Extent of Protection with Patent Pending
 It is crucial for inventors and potential patent holders to be aware of the fact that a patent pending notice does not offer the same protection as a patent that is appropriately registered. A patent pending mark does not exclude others from making and selling similar inventions or products. However, it does give notice that the particular invention or product may become the sole and exclusive property of the patent owner within a matter of time. 
Patent pending does not guarantee that the actual invention or product will be granted patent protection. It is not uncommon for many inventions to be denied patent rights or require that the inventor make amendments and modifications are re-submit an application for approval. 

How the US Handles Patents

How the US Handles Patents

In the United States, patents are granted by the United States Patent and Trademark Office. The USPTO is the governmental agency charged with the responsibility of overseeing all aspects in regards to US patent concerns, from the proper registration and granting or patent rights, to the enforcement of US patent laws. 
US Patent Laws 
The United States would adopt the first patent laws in 1790 with the Patent Act. The Patent Act 1790 would set the precedent in regards to US patents as they are granted and regulated in modern times. 
One of the main aspects in regards to US patents is the extent of the law of protection. A US patent grants the patent holder or inventor the right to exclude other from selling, using, producing, or importing a similar invention that has been patented in the United States. However, US patent rights do not grant the right to actually create or use the invention. 
Patents in the United States are not granted indefinitely and do have a term of expiration. Most patents are commonly granted in the form of utility patents, which have a life term of 20 years from the date that the patent is issued. Other patents, such as the design patent, have a different life term, which is only 14 years from the date the patent is granted. Furthermore, during the life a patent, the patent holder is required to pay maintenance fees in order to enforce those rights. 
Patents in the United States are also granted on the basis of the first to invent concept. A US patent is therefore governed by the definition of invention in accordance to US patent laws, which consists of two requirements:
1.    The actual creation of the invention or product
2.    The actual use or practice of the invention (also known as reduction to practice)
Most countries in the world use a first to file system, which is quite different from the US patent system.  In the first to file system, the right to a patent is given based on the action of filing for the patent application for that particular invention or product. Therefore, patent rights will be granted to the person that formally files an application rather than basing such rights on the first person to create the invention. 
US Patent Application
In order to receive patent protection rights, a formal patent application must be made to the United States Patent and Trademark Office. The process itself will prove to be quite extensive and often times confusing, due to the specific and distinct requirements. However, the application itself must be made by the actual inventor of the invention or product. Only the creator of the product can file for patent rights in the United States. 
The application will require that the invention be described at great length and detail, requiring not only written and concise explanations regarding the invention or product, how it works, and how it functions, but also will entail providing for drawings illustrating the invention itself. 

The Canadian Patent Office

The Canadian Patent Office

What is Canadian patent Law?
Canadian patent law refers to the legal system of Canada responsible for regulating the issuance of patent grants for inventions within the country and the subsequent enforcement of these rights. 
All patents are forms of government grants that award an inventor and his or her assigns and executors, the exclusive right within Canada to make, use, sell, or import the invention claimed within and during the term of the issued patent. 
The issuance of Canadian patents is administered within the exclusive jurisdiction of the Canadian federal government; the procedures and delivery of Canadian patents are governed by the nationā€™s Patent Act, the Patent Rules, and various international treaties and regulations latent within such agreements. 
The enforcement of such regulations and the protocol necessary to legally grant Canadian patents is the responsibility of the Canadian Federal Court, the Canadian patent Office, and the courts of the Canadian provinces. 
A Canadian patent Office must comply to the aforementioned laws and treaties upheld by the Canadian Federal Government. All patent applications administered in a Canadian Patent Office, filed prior to October 1, 1989, will be active 17 years after the patent is issued; all patent applications filed on or after October 1, 1989 will hold an active life 20 years after the patent application was originally filed. 
What is the Canadian Patent Office?

The Canadian Patent Office is responsible for the processing and administration of all intellectual property in the country. The Canadian Patent Office will provide inventors with patents to cover new inventions, regarding composition of matter, manufacture, machines and processing equipment or any new and useful improvement of any existing invention. 
The Canadian Patent Office will also supply trade-marks to words, symbols or designs, which are used to distinguish the services of one person or organization from those of others in the marketplace.
Canadian Patent Office Regulations:

To receive a patent for an invention in Canada, an inventor must file a patent application in a coordinating Canadian Patent Office. For a product or invention to be patentable in Canada the good must be novel, meaning the invention must not have been previously claimed or described by a third party. 
To test for novelty, a Canadian Patent Office, in alignment with the countryā€™s patent laws, will test for novelty by inspecting whether or not a single, publicly disclosed example of art contains ā€œall of the information which, for practical purposes, is needed to produce the claimed invention anywhere in the world.ā€ 
In addition to testing for novelty, a Canadian Patent Office will test for inventive ingenuity; this test will inspect whether a skilled technician in light of his or her general knowledge and the supplied literature and if the information needed to create the invention would have been led directly to the production of the good. 
The Canadian patent office will also institute a number of items that cannot be patented. Among such subject include certain types of computer programs, medical treatments and new plant matters; the list of non-patented items notable differs from the United States with respect to patents for software. 

Copyright Designs and Patents Act 1988

Copyright Designs and Patents Act 1988

What is the Copyright Designs and Patents Act 1988?

The Copyright Designs and Patents Act 1988 was an Act of the Parliament of the United Kingdom which garnered Royal Assent on November 15th of 1988. The Copyright Designs and Patens Act reformulate the statutory basis of copyright law, including all performing rights, present in the United Kingdom. Before the issuance of the Copyright Designs and Patent Act, the United Kingdomā€™s patent and copyright law was governed by the Copyright Act 1956. 
The Copyright Designs and Patents Act 1988 creates and unregistered design right and includes various modifications to the law of the nation of Registered Designs and patents. In essence, the Copyright Designs and Patents Act establishes that copyrights, in the majority of works, will last 70 years following the death of the creator (if known) or 70 years after the work was originally created or published. The laws attached to computer-generated works, according to the Copyright Designs and Patents Act 1988, will place a formal copyright that is valid for fifty years. 
Part 1 of the Copyright Designs and Patents Act 1988:
Part 1 of the Copyright Designs and Patents Act restates and amends the statutory basis for the nationā€™s copyright law. Part 1 of the Act extends to the entire United Kingdom and simplifies the different categories of creation or work which are protected by copyright. In essence, this portion of the Copyright Designs and Patents Act eliminates the specific treatment of various art-forms by creating the following classification system:
Literary, dramatic and musical works: these works must be record in writing or otherwise to be granted copyright. The copyright will subsist from the date at which recording takes place.
All artistic works, including photographs, buildings, works of artistic craftsmanship and engravings.
 Broadcasts: this form of art work is defined as a transmission by wireless telegraphy which is intended to be heard by members of the public
Cable Programs: refers to a part of service which transmits images, sounds or other forms of information to two or different places or to members of the public by any means other than wireless forms of telegraphy.
Published Editions: refers to published works of the whole or part of one or literary, dramatic or musical works. 
The following forms of art are exempted from copyright by the transitional provisions of Schedule 1:
All artistic works created before June 1, 1957 which constituted a design which could be registered under the Registered Designs Act 1949 or were used as a model for reproduction for an industrial process
All films created before June 1 1957 and broadcasts made before this date.
Other Features of the Copyright Designs and Patents Act:

Part II of the Copyright Designs and Patents Act created a series of performersā€™ right in application of the various patents laws established in previous forms of legislation. Furthermore, this aspect of the Copyright Designs and Patents Act elucidates upon the duration of the copyright for each form of art form or work. The duration for each copyright is administered in a streamlined and easy-to-understood fashion as a result of the organizational model that the Copyright Designs and Patents Act utilize. 

The European Patent Office

The European Patent Office

What is the European Patent Office?
The European Patent Office is one of the two primary components of the European Patent Organizationā€”the other organ is the Administrative Council. The European Patent Office acts as the executive body for the larger organization, while the Administrative Council is responsible for supervising the actions of the larger body. Furthermore, the actual legislative responsibilities to revise the European Patent Convention are found within the Contracting States.
The European Patent Office is the governmental body responsible for granting European patents for the Contracting States to the European Patent Convention. The European Patent Convention will incorporate a single patent grant procedure; the patents granted in the European patent Office are bundles of national patents. 
In addition to granting European patents, the European patent Office is also responsible for establishing search reports for national patent application on behalf of various patent offices throughout Europe, including: France, Greece, Cyprus, Turkey, the Netherlands, Malta, Luxembourg and Italy. 
The European Office is not a legal organization, but instead, a fundamental organ of the European Patent Organization, which possesses a distinct legal personality. The European Patent Office is headquartered in Munich, Germany and possesses branch in the Netherlands, Berlin, Germany and Vienna, Austria. 
Activities of the European Patent Office:

The European Patent Office, in accordance to various International Treaties, is responsible for upholding various procedures in alignment with the issuance of patents. Under international procedure, based widely off the Patent Cooperation Treaty, the European Patent Office will act as the receiving office, an International Searching Authority, a so-called Supplementary International Searching Authority and an International Preliminary Examining Authority. 
The European Patent Office, according to the Patent Cooperation Treaty provides an international procedure for handling all patent applications, referred to as international applications, during the first 30 months following the first filing in any country that follows the Patent Cooperation Treaty. 
The European Patent Office cooperates with the United States Patent and Trademark Office, as well as the Japan Patent Office, as one of the Trilateral Patent Offices in the world. Furthermore, the European Patent Office works with the Korean Intellectual Property Office, the State Intellectual Property Office of the Peopleā€™s Republic of China and the United States Patent and Trademark Office to form a functional co-operation known as the five IP offices.
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