Steps For Getting A Patent
| Patent can be described as a property right that provides the inventor an exclusive right to license, manufacture and sell his/her invention. It also permits an inventor to exclude competitors from making, duplicating, using or selling an invention that has been disclosed and claimed in the patent. |
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These patent rights are provided by the Patent Offices. Every country has its own individual patent offices and hence, the patent right for an invention has to be sought in each country separately. The basic procedure for getting a patent involves three important steps. These include filing a patent application in the Patent Office, a novelty search performed by the Patent Office and the examination of the invention.
Filing a patent application is the foremost step in getting a patent. In this application, the inventor must provide every minute detail that describes the process used for building an invention. It is important to have a skilled patent attorney for writing a patent application because it is tricky to make claims while writing a patent application.
The next important part is novelty search. Usually, novelty search is conducted by the Patents Office. An invention is patentable only when it is useful, novel and non obvious. Whether an invention meets these criteria or not can be determined by doing relevant search on all the previous inventions, other people’s patents, competitive products and other articles in the field, a procedure known as novelty search of prior art.
The last step is to examine the claims made by the inventor in the patent application. This is done by an independent examiner appointed by the Patents Office. Every patent application contains a number of claims at the end of the application. To determine whether an invention is novel, it must be something innovative and have an inventive step. The invention must be defined and described in the claims made by the applicant.
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