Wednesday, September 8, 2010

Patents: Dos and Donts

Worldwide patent system work as first file system rule. First file system in simple words is "First File First grant". So person filling the same invention first gets the grant irrespective of whom of them conceived it first.

The common misconceptions or mistakes done commonly by invetors before filling are
  • Waiting until Patent is fully developed or ready for commercial working,
  • Publishing their inventions in newspapers or scientific and technical journals,
  • Use of invention in public or commercial use
These explained mistakes lead to patent refusal by Patent granting Authority even invention is used in public by inventor himself.

What to Do

Patent granting authorities have system which enables inventor to file their invention before its fully developed. Patent offices worldwide suggest inventors not to disclose inventions to public or publish it before filling it in patent office.
Patent can be filled as "Provisional specifications" which should contain a description regarding the invention. Provisional specifications can be filled even before the full details of working of the inventions are developed.
By filling patent as Provisional specifications before Patent granting authority, inventor gets priority date of the invention.
 Then inventor can work on complete specifications and file complete specification with in certain time limit as per Patent granting authority rules and regulations. In most of the countries it is 12 months from the filling date of Provisional specifications.

we summarize now what should be done instead if any new invention is conceived and is patentable before its filling
  • File immediately even full details are under development,
  • Never publish or disclose your invention in public,
  • Do not use it in commercial product,
Happy Inventing !!!!!

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