Here are 30 FAQs that will help you better understand our services and us.

A patent is form of Intellectual Property Right (IPR) which gives inventors a statutory monopoly over the use of their inventions provided their inventions meet the requirements as prescribed under the law. 

A patent is a productive commercial asset. Once you own a patent, you may outright sell it for a good amount of money. You may yourself become the sole manufacturer of your invented product. You may also license your patent to a manufacturer and get license fees on a regular basis. 

In order to obtain maximum protection for exclusive control over your invention and intellectual property, you are required to obtain a patent. Moreover, if someone else independently makes a similar invention and obtains a patent on it, then you will be prevented from making use of your invention.

No, it is not mandatory to hire the services of a patent attorney/patent agent to file a patent application. However, when you have the legal expertise of a patent attorney in drafting and filing your patent application, then the chances of success in your patent application improve vastly. 

Hiring the professional services of a Patent Attorney can save you lot of hassles and money. A wrongly drafted patent application can cost you hundreds, if not thousands of dollars when rejected by the patent and trademark office for subsequent filings.

‘Patent pending’ means that an application for obtaining a patent is in process. A manufacturer of a product may advertise ‘patent pending’ on his product to inform the public that the manufacturer has applied for a patent for the product with the USPTO. However, there is also a statutory fine for those who falsely advertise ‘patent pending’ on their products in order to mislead the public. 

Attorneys and licensed patent agents have to strictly abide by the prescribed code of conduct making confidentiality of client information mandatory. Therefore, by hiring the services of an attorney or a licensed patent agent, you can ensure that your invention remains secret while pending.

A patent provides statutory protection to original inventors and corporations who invent new products and provides them incentive to invest in Research & Development activities by restricting their competitors from plagiarizing their products. The owner of a patent gets an exclusive statutory right of use over their inventions thus enabling them to extract profits from their inventions.

U.S. law provides that an application for a patent must be made within one year of the first offer for sale, public use or publication of the invention.

Many well-known companies invest billions of dollars in Research and Development activities (R&D). If these companies were not allowed patents, then their competitors would copy their new products and sell them at much cheaper rates. A patent prevents this plagiarizing by competitors and makes R&D investments worthwhile by allowing the inventor company the exclusive monopoly over use of their inventions. Thus, patents provide incentive to the original inventors and corporations for undertaking costs of R&D activities and help further scientific and technological development in the economy. 

There are three main types of patents: Design Patent, Utility Patent and Plant Patent.

Design Patents protect the cosmetic appearance of an invention, such as the new, original and ornamental design for an article of manufacture.

Utility Patents protect the new and useful functions, machines, manufacture, products, processes, and compositions of an invention or any subsequent new and useful improvement. 

Plant patents protect plants that are reproduced artificially, i.e. without using seeds. This includes plants reproduced by grafting, budding, cutting, layering or division. A plant patent provides the inventor with the exclusive right to reproduce the plant.

There are essentially three legal requirements that an invention must satisfy to qualify for a patent. They are: a) Novelty: this implies that the invention should be something ‘new’ and not be identical to an invention disclosed in a single piece of prior art. b) Non-obviousness: this implies that the invention should not be obvious in relation to relevant prior art. c) Utility: this implies that the invention should have useful industrial application and commercial significance. A patent cannot cover a pure law of nature, a discovery, an abstract idea, scientific theories or business ideas. In addition, there may be a period of limitation applicable to a given invention.

Even a minor improvement over existing products so as to make the improved product distinct in design or utility; or a new combination of known parts may also be patentable. 

Any new and distinct useful scientific invention such as a machine, an electronic circuit, software program, chemical composition may be patented. Further, a combination of known elements which integrate to form a new substance which was substantially unknown previously may also be patented provided that it is not merely an admixture which is an obvious modification of previously known objects.

Abstract ideas may not be patented. Similarly, scientific theories, discoveries, mathematical techniques or presentation of information can not be patented. Literary works, dramatics, musicals, and artistic works can not be patented, but are protected by copyrights. Names, logos, slogans and other things which identify the source of a product or service can not be patented but are protected by way of trademarks. 

An invention which is made during the normal course of employment is owned by the employer where that invention is related to the business of the employer. However, where the invention has been made by the employee in his own time and using his own resources, then the employee may be able to claim a patent over the invention. Still, these cases are not very clearly demarcated and can be assessed more accurately by a qualified attorney or patent agent.

A patent lasts for a fixed period of twenty years from the date the application for the patent is initially filed with the US Patent and Trademarks Office (USPTO). However, plants and design patents last for a period of fourteen years from the date of filing the patent application.

It can normally take anywhere between one to three years for obtaining a patent depending upon the complexity of the invention. However, once you have applied for a patent, you can advertise patent pending on your inventions/products and start selling them or making commercial use of them.

Please see the following link at the USPTO’s website for the current fee schedule:
http://www.uspto.gov/main/howtofees.htm

Yes. The US Patent and Trademark Office may also refuse an application for the grant of a patent if the impugned invention does not meet the legal requirements for patents, i.e. is not distinct, non-obvious or having commercial significance.

The various steps involved in the patent application process are as follows:
a) Patentability search
b) Non-Infringement Analysis
c) Drafting and filing the patent application with the Patents and Trademarks Office (USPTO)
d) Office Action by patent examiner
e) Publication of Patent
f) Grant of Patent by USPTO

A patentability search is a search to establish if the invention which is proposed to be patented has already been patented by someone else. 

Since novelty is an essential legal requirement for obtaining a patent, performing a patentability search is highly recommended before filing a patent application. A patentability search can save you time and costs of filing a patent application with the trademark and patent office if you discover that your invention has already been patented by someone else.

A U.S. Patent will be enforceable in all jurisdictions where the U.S. law is valid.

Patents are generally valid for the territories where they have been registered. To get a patent registered in a foreign jurisdiction, the routes that are available include the following:
a) Directly register with the patent office of the foreign country.
b) Register your patent with a competent authority having jurisdiction over a group of countries, such as, European Patent Office.
c) Register your patent under WIPO's Patent Co-operation Treaty (PCT). The patent filed under PCT will be enforceable in all nations which are party to this international treaty. This patent will be enforceable in all member countries under the World Intellectual Property Organization (WIPO)."

Yes. There are mainly two international treaties that give international protection to patents. They are ‘Paris Convention’ and ‘Patent Co-operation Treaty’ (PCT) administered by the World Intellectual Property Organization (WIPO).

There are various methods of protecting Intellectual Property Rights (IPR). The major methods of protecting IPR include the following:

a) Patents: these protect the inventions from being plagiarized. Utility Patents protect the new and useful functions, machines, manufacture, products, processes, and compositions of an invention or any subsequent new and useful improvement. Design Patents protect the cosmetic appearance of an invention, such as the new, original and ornamental design for an article of manufacture.

b) Copyrights: these protect the manner in which an idea has been originally expressed. The expression of idea covered by a copyright may be in the form of a literary work, musical, theatrical work, etc.

c) Trademarks: these protect the identity of the source of a product or service. The source of origin covered under Trademark may be a brand, logo, signal etc. which distinguishes the source of origin of one product or service from another.

There are many websites providing useful information on patents and other forms of Intellectual Property Rights (IPR). Some of them are listed below:

1. US Patent & Trademark Office: http://www.uspto.gov
2. European Patent Office: http://ep.espacenet.com/ 
3. French Patent & Trademark Office (Institute National de la Propriété Industrielle): http://fr.espacenet.com/ 
4. German Patent & Trademark Office: http://www.dpma.de/index.htm
5. British Patent & Trademark Office: http://gb.espacenet.com/
6. World Intellectual Property Organization (WIPO): http://www.wipo.int/
7. Australian Patent & Trademark Office: http://www.ipaustralia.gov.au/
8. Canadian Intellectual Property Office: http://cipo.gc.ca/ 
9. Indian Patent Office: http://patentoffice.nic.in/ipr/patent/patjurid.htm 
10. Office of the Controller General of Patents, Designs and Trade Marks of India: http://patentoffice.nic.in/