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A patent is a Legal Right that grants the inventor protection for their invention. It can be applied for through appropriate government agencies and includes detailed instructions about how to use it, like design blueprints or other supplemental material in order demonstrate its novelty at the time of filing with authorities so they will issue you an official certificate which states every detail on what your IP covers – this way anyone else who comes along later knows not only do I own everything related, but there’s no need go infringing someone else when all these requirements have been met.

To understand patent law, you must be well-informed. This will help your chances of success when filing for a patent and ensure no one else has priority over what we create.

A common misconception about patents comes from confusion with other terms like intellectual property (IP) or trademark protection which also fall within the purview of this process as defined by US law.

Key Fundamentals of Patent Prosecution such as the following:

  • Its distinct differences from patent litigation and defense.
  • Precisely which forms of IP you can protect with patents, as against other legal certifications such as utility models, trademarks, or copyrights.
  • Legal differences in a diversity of global jurisdictions.
  • How the prosecution process works step by step

Patent prosecution vs. patent litigation

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Why PatentsKart?

Patent drafting involves understanding the invention and covering all technical aspects and variations in the full specification. Claims are the heart of a patent and should be drafted such that they are broad enough to cover the full scope of the invention, keeping in mind the legal obligations of the country where the patent is to be filed. A poorly drafted patent could lead to loss of rights, and a competitor may utilize the gaps to get away with infringement.

At PatentsKart, we have a team of experienced patent drafters comprising Indian patent agents and lawyers who have in-depth experience drafting several Indian patent applications in biomedical devices, pharmaceutical formulations, robotics, automation technologies, IoT sensors, electronics, etc. All applications are prepared after a thorough analysis of the novelty and existing prior art to capture all embodiments in the description. Advantages over the known prior art are clearly described in the background to set the field of invention.

We prepare drafts for filing both provisional and non-provisional patent applications. We also assist with patent proofreading.

We prepare patent illustrations/drawings for both utility patents and design patents.

A design patent that is based on drawings and structural aspects of a product/invention needs to capture all views of the product from various angles. The standard views are:

– Top & Bottom

– Front & Back

– Side (right & left)

– Perspective

Illustrators at PatentsKart have expertise in creating drawings as per Indian, USPTO, European, Chinese, and Australian patent office standards. Clear illustrations can be made from images, photographs, or hand-drawn sketches, using the latest tools like AutoCAD, CorelDRAW, etc.

PatentsKart can also help with filing international applications or PCT (WIPO) applications via the ePCT route, a hassle-free, paperless electronic filing of the PCT application. PCT route helps protect your invention in multiple countries without having to pay the national fees for each jurisdiction in different currencies. It also provides an extended period (30-31 months) for entering the national phases, during which the applicant can arrange for funds or licensees.

Once the patent application is published, the examiner will examine it at the respective patent office to find any prior art that could challenge the novelty of the invention. The examiner may raise an objection citing prior art or irregularities in filing documents.

A non-final office action is the first evaluation of patent claims after applying. The applicant has the option of amending the claims/description to overcome this objection. A final office action is the last objection issued by the examiner in the review of the applicant’s response. An international search report (ISR) is issued by the global search authority (ISA) at the time of PCT filing, which includes a list of identified references (prior art) and a written opinion on the patentability of the claims. Responding to ISR helps to expedite the prosecution of the PCT application during the national phases.

The quality of a response to the office action decides the fate of the patent application. It requires a good understanding of the laws and the invention because of the prior art. PatentsKart has a team of patent drafters and agents who prepare replies to all office actions (OA) after a thorough analysis of the prior art cited by the examiner. These responses can include making necessary amendments to the claims or description of the patent or preparing convincing arguments about how the claimed invention is substantially different from the cited prior art.

Looking for an Expert IP Consultant?

we will answer your questions, scope your project and discuss your potential fit in style.
 

In spite of its name, patent prosecution is not a legal action- at least in the manner that term would typically suggest outside of IP law. In other words: The process(patent prosecution/support services) isn’t set up against some defendant; That would be required for litigation which can only happen after you’ve obtained approval on your patented invention and someone has committed an act infringement against it by using certain features without authorization from both parties involved or their respective ownerships/representatives.

In fact, “patent lawsuits” are called disputes between alleged infringers (defendants) who independent patent holders have accused as violating one’s property rights concerning inventions protected under international treaties.

Patent Prosecution is the action of applying for and obtaining patents. This can be done by filing an application with the relevant patent office, or through direct negotiations with the inventor’s existing business partners. In some countries, including Luxembourg, Belgium, and The Netherlands, patent regulators conduct only a formal examination before granting this right. The standard technique focuses on verifying the patent application details, such as whether the applicant provided all requested information and completed all required tax payments. France, Germany and the United Kingdom, place a higher value on the substantive examination procedure, which goes to far greater measures to evaluate patent eligibility, such as showing the presence of the inventive step.

After you’ve successfully patented your invention in one or more specific countries, it’s time to continue the prosecution process by filing a patent application internationally with World Intellectual Property Organization (WIPO). This will allow for protection under terms of the Patent Cooperation Treaty and its 150+ signatory countries, giving global scalability – granting rights on an extensive scale.

A Patent is not just a piece of paper.

A Patent Attorney is a crucial player in the process for inventors looking to find protection and legal remedies ( Patent Prosecution Support). They will help you develop your IP strategy, draft an application that can file with USPTO (the United States Patent and Trademark Office), or act on behalf of their clients should they need representation themselves at any point during proceedings.

Patent Attorneys wage war against would-be copycats by coming up with ways to deter infringement through patents; this task often includes working closely alongside companies seeking federalizing rights over inventions and those wishing only some form of intellectual property coverage.

A Patent Attorney should represent their client before the various national, regional and international IP regulatory bodies. For example, European Patent Office (EPO), U .S.-Patent & Trademark Office(USPTO), IP Australia; United Kingdom Intellectual Property Office( UK IPO ). The agencies named above are just some examples of where this could happen.

For Example, A Patent Attorney will assist you in obtaining patents for your idea to ensure that the procedure is completed lawfully and without complications. They would advise whether a person should file their paperwork with an organization that covers a single country or with organizations that cover multiple countries, such as the European Patent Office (EPO), the African Regional Intellectual Property Organization (ARIPO), and the Eurasian Patent Organization (EAPO), as well as the Gulf Cooperation Council Patents Officer (GCCPO). A qualified legal practitioner may also advise on how to safeguard best and monetize intellectual property assets such as trade secrets, know-how, and so on.

Patent Attorneys would also inform their clients if any other IP protections were appropriate to take out along with a patent (utility models, trademarks, or designs), as is possible under Austrian and German law.

Once the pa

A patent can be issued to “a product or technique that typically provides a new way of doing something or gives a new technical solution to a problem,” according to WIPO’s terms, which roughly correspond to the legislation in most countries with comprehensive IP laws. Any such item that falls within those parameters is referred to as an “invention.” WIPO clarifies that a “product” does not have to be a physical tool or device; it might be “a chemical substance, or a technique… or a procedure for creating a certain chemical compound.” Furthermore, most modern machines incorporate dozens or hundreds of inventions, each of which had its patent.

Determining patentability

To prove that your invention is patentable, you must first establish without a doubt that it meets all of the criteria for being so. In addition to what was discussed earlier in this section on novelty and non-obviousness (or “inventive step”), industrial applicability may also come into play when evaluating whether or not an idea has merit as well.

Regional distinctions

Inventors with a creative mind sometimes struggle to protect their inventions and are left wondering if they’ll ever get the credit for it. If you’re an investor who wants patent protection on your invention, be sure not only do check into what type of patents exist but also which one would suit best before going through any legal proceedings or hiring an attorney or taking patent prosecution support(prosecution support)-patents can take years (sometimes decades) from filing date so make this decision wisely.

Some of the regional difficulties or restrictions:

  • The Supreme Court has ruled that specific laws of nature cannot be patented because they do not represent genuinely new creations.
  • The highest court in America has ruled that concepts such as those found within Alice Corp., even if they are executed uniquely and abstractly, cannot be patented. Anyone who seeks U.S-based patent protection should keep this ruling top of mind when designing biotechnological creations or working with life sciences projects. The mere mention is not enough – it must stick.
  • Artificial intelligence (AI) might be on the rise, but don’t worry – in Europe, one must always be careful about whom they trust with their patents. As reinforced through its final ruling in DABUS case law, The EPO has a blanket stance against crediting an Artificial Intelligence platform as being able to claim rights and ownership over any invention developed using its services or tools.
  • The UAE has some of the most restrictive intellectual property laws in all of Asia. These regulations also extend beyond just patents and cover everything from copyrights, trademarks or designs right down through trade secrets – which means that you’ll have an even harder time securing protection for your invention if it falls under any one these categories than if there weren’t already so many hurdles involved.

Other patentability difficulties are present, to varied degrees, no matter where you are:

  • Software, databases, and even more niche inventions such as 3D printed musical instruments are all difficult to patent due to their innovation which is often based on complex algorithms. They can only receive limited protection by copyrighting source code or applying for a database right, respectively – but this doesn’t stop companies from trying.
  • The design of the process is what makes it unique. If this were an industrial rather than a functional design, it would be protectable under European law but not patentable in America since utility patents only cover one function. In contrast, structures can have many features and traits.

 

tent application is published, the examiner will examine it at the respective patent office to find any prior art that could challenge the novelty of the invention. The examiner may raise an objection citing prior art or irregularities in filing documents.

A non-final office action is the first evaluation of patent claims after applying. The applicant has the option of amending the claims/description to overcome this objection. A final office action is the last objection issued by the examiner in the review of the applicant’s response. An international search report (ISR) is issued by the global search authority (ISA) at the time of PCT filing, which includes a list of identified references (prior art) and a written opinion on the patentability of the claims. Responding to ISR helps to expedite the prosecution of the PCT application during the national phases.

The quality of a response to the office action decides the fate of the patent application. It requires a good understanding of the laws and the invention because of the prior art. PatentsKart has a team of patent drafters and agents who prepare replies to all office actions (OA) after a thorough analysis of the prior art cited by the examiner. These responses can include making necessary amendments to the claims or description of the patent or preparing convincing arguments about how the claimed invention is substantially different from the cited prior art.

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