Thousands of new technologies like smartphones, communication technology, auto-pilot car, etc. are invented every year. These inventions promise the monetary growth to the industry/individual who spent time, money and effort to develop it. Thus, if you also have come up with such an invention, you need to hire the patent paralegals for patent filing procedure. The patent filing procedure helps you to get patents for your inventions.
In this article you will get to know more about patent registration, and role of patent paralegals to help you in patent filing procedure.
Also read: Patent prosecution: An overview
Patent: Meaning and importance
Getting legal rights for your invention from the patent office of your respective location turns your invention into a registered patent. It marks that the invention is done by you and hence registers it on your name. Thus, getting patent for your invention protects it from being used illegally by your competitors.
Also read: All about patent licensing
Patent paralegals for getting patent grant
To get the patent for your invention you need to file the patent application with the patent office. They examine your application on various parameters and decide whether to grant patent to your invention or reject it. So, there is a basic patent filing procedure which patent paralegals help you to follow. If you don’t want your patent application to get reject, you must follow the steps of patent filing religiously.
However, if the patent is rejected, you get the notification from the patent office stating the reason for rejection also called as office action. Patent paralegals help you to correct it and then refile the patent application. This process continues till you get patent.
Also read: Requirements of IP paralegal job
Patent filing procedures to follow
Patent filing process is series of important steps to file your patent application with the patent office of your region. These steps are very important as they help you develop a competent patent application.
It proves the worth of your invention and helps you get patent for your invention without receiving any office action. These steps followed by patent paralegals for patent filing are as follows –
Ensure Confidentiality Of Your Invention –
Even before you hire patent paralegals for patent filing, you need to do one thing of your own. Till the time you have not filed application for your patent at patent office, never disclose it in the open or in the market to protect the novelty of invention.
It is because your competitors may then copy your invention and file the patent application before then you. Thus you will lose the right over the invention that you have done. Remember you don’t get patent based on who invented it first, but who filed the patent application first.
Prior Patent Search –
You get the patent for your invention only if it is novel else your patent application gets rejection. Even if you get the patent without rejection then the individual owing the similar patent will file the infringement case and you will have to settle by paying a compensatory monetary fine for infringing his patent.
So, before filing the patent application patent paralegals always check, does there exists any prior registered patent in the market similar to yours? Once you get the confidence that your invention is novel and you are not infringing the patent rights of others, you can then move to the next step.
Drafting The Patent Application –
Draft of the patent application includes the documents that describe every aspect of your invention. It helps patent examiner to know more about your invention in detail. Thus, don’t consider draft just as a mere paper formality. The patent paralegals primarily focus on following points keenly while drafting your patent application –
- Write the draft in a comprehensive language for easy understanding.
- Always attach the patent drawings to explain the complex parts of your invention easily.
- Make sure to comply with the rules of patent drawings as per the respective patent office in your geographical location.
- The draft should explain the novelty, industrial application and use of your invention along with its future aspects, very well.
- Investigate all other rules to follow as per the patent office, while preparing the draft of your patent application.
So, it is the most important step in patent filing, as no matter how novel and useful your invention is, you will not get the patent if you are not able to explain its worth to the examiner.
Filing The Patent –
Once the draft of application is ready, patent paralegals file the patent application with the patent office of your region. It happens in two steps –
PROVISIONAL APPLICATION – It needs you to file a primary application at the patent office seeking the request to file the original application. You then get a date and time by which you need to file your original application. Here you don’t need to follow the regular drafting standards of original application.
NON-PROVISIONAL APPLICATION – It is the original patent application and hence must cover every aspects of your invention as stated earlier. You must follow the standards set by patent office while filing non-provisional application.
Examination And Result –
As stated earlier, after filing of the application with patent office, it is examined on multiple factors. If found correct and worthy by the examiner, you then get the patent grant for your invention.
However, when your application may get reject also. It is known as office action. Common reason of office actions are, existing prior arts, no future applicability, incorrect patent application draft, etc.
Refiling The Patent Application –
A rejection report is sent by the patent office if your application receives office action. It also comes with the last date to refile the patent application by you. Patent paralegals rectify it and refile your patent application, then a hearing takes place and you get the patent grant if it goes for you.
Also read: Duties of IP Paralegal
Who provides best patent paralegals services?
You have got the details of all the important steps to follow during patent filing procedure. However, nature of these steps is challenging and demand rigorous investment of time and effort and hence you need to hire the patent paralegals to help you with that.
But the important question is, “Who can help you meet all the steps mentioned above?” Your answer is, “Patent Paralegal Force”.
We have got all the expertise you need before you file the patent application. Our team consists of 300+ experts from varying technical domains. We have 20+ licensing experts who help you file your application with complete accuracy. Our knowledge of global IP best practices has earned us laurels all around the world. Click here to read more about our services.