Technical Counsel to Strenghten Your Invention
Patents: How To Start
Many people ask us: What to do first, technical development or patent filing?
The answer is clear: First a patent application must be submitted in order to have an earlier filing date, so you have a better chance to get a patent.
If someone else files an application before you - the product you have developed won't help you much.
Furthermore, product development of is more expensive and takes longer, than filing a patent application.
But there are exceptions, for example if there are doubts on the technical implementation, if the technical description is insufficient; in this case, ways for implementing
the invention should be investigated, to set up a sound foundation for the patent application. A technical investigation may involve developing a breadboard as a
feasibility study, or performing a theoretical analysis. In this case, the patent application should be filed after addressing the technical issues.
An essential requirement for getting a patent granted is an adequate technical description. This is the agreement between the state and the inventor: the inventor
reveals his secret, and in return is granted a monopoly limited period. Lacking a proper disclosure of the invention, the inventor does not deserve a patent.
Usefulness Requirements in the United States
The American patent law is more strict in re usefulness: it's not enough that the invention be useful, rather the applicant has the duty to disclose the best implementation of the invention. Noncompliance with this requirement caused patents to be canceled, after grant.
This happened, for example, when the products offered for sale were a better implementation of the invention, than the patent protecting these products.
We can advise you on the technical issues as well as the legal issues related to patentability.
Usefulness- Requirement for Patent Grant
According to patent laws, a patent will be granted only if the application contains a description detailed enough for a person skilled in the art to implement it without undue experimentation.
Accordingly, the patents examiner may refuse a patent application if it seems that it is lacking in this aspect.
A would-be-infringer investigates the technical description to detect a vulnerability which may be exploited to bypass the patent or to demand its cancellation.
Therefore, before initiating an infringement suit, the wise patent owner will review his patent and reinforce it if required, so the patent has a better chance of surviving a legal fight. Improvements before the Patent Office are so much more easier to implement, than protecting a patent in Court.
Sometimes a patent application may include some unclear substantive issues. If the examiner is not convinced, the examination may take a very long time indeed.
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