Patent Attorney – His Role in Filing a Patent Application
The term Intellectual Property refers to any distinct type of creative idea related to machines, processes, manufactured item or chemical compounds etc., for which exclusive set of rights are granted from the respective fields of law. A patent is nothing but a form of intellectual property. In other words, a patent is anything which has a legal protection from Patent and Trademark office. Though patent and trademarks are issued by patent and trademark office, they are not same.
In fact, patent and trademark are entirely different. A trademark is a word or a symbol or a name, which is used to distinguish the products of one company from the products of another company. Whereas patent is an invention, which may be an idea or a chemical compound or process for which the inventor holds exclusive rights from the patent and trademark office. In general, the term of a patent is for 20 years. Therefore, no other person or a company can use the patented product without the permission from the inventor for a period of 20 years from the date of issuing the patent.
In case, if anyone is found to use the patented process or idea or compound without permission, inventor holds every right to file a case against the infringer. Therefore by patenting an invention, inventor holds every right for making and selling the invention for 20 years. Once you are done with your invention and hold a working prototype, you have to test it thoroughly and ensure that it passes all the evaluation tests successfully. Any modifications done after patenting your idea may need another patent. So, be sure that you finish your invention completely before patenting it. Once you have done all the evaluation tests, the next step is to search for any similar inventions as that of yours. You can get this information from patent and trademark office. If there are any similar inventions, evaluate the scope of your invention and compare it with others. If your invention works better than other patented inventions, it is the time for you to patent it.
Thus, an inventor can turn his idea into money. Is it not thrilling? However, an inventor can only get benefitted, if his idea or invention is patented properly. The process of patent is not as easy as it is said. It involves a lot of documentation work which is not understood by a layman. This is where; patent attorney comes into the picture. Any patent attorney plays two important roles. Firstly, he helps you out with the patent application process and secondly he plays an important role in the enforcement of the patent by filing patent infringement cases. You should also consult an attorney, if you want to transfer your patent to another person or company. However, in this article let us discuss briefly about role of attorney in filing the application process.
A patent attorney first examines your invention completely and he will do research about other similar inventions. If he feels that your invention is much similar to any other patented invention, he may tell you that your invention is not patentable. If your invention is much more advanced or beneficial than other patented inventions, he will proceed further. In general, patent application starts with the description of patented inventions similar to that of yours and continues with the description of your invention. It also explains about the advantages of your invention over the existing ones and in what ways your invention is unique from them. All the evaluation tests, if any should also be included while filing the application.
The application should also include drawings, if any. Furthermore, the attorney makes sure that your patent covers, necessary broad claims but not too broad or obvious claims that it becomes meaningless. A good patent attorney prepares your application by anticipating any infringements or litigations which may arise in the future. Once he is done with all the necessary documents, he will submit the application in patent and trademark office. In general, most of the applications get rejected in the first review by the examiner. In case, if your application gets rejected, the patent attorney will make the necessary amendments and then resubmits it again for approval. Thus, your patent attorney plays a very important role in patenting your invention.
The Patent Lawyer Beverly Hills has an in-depth involvement with many inventors who deal with technical development of products so that they can gain an understanding of what needs to be protected through patents.
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Patent law is a unique niche in the field of law that comprises not only of law, but of science as well.
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Author Bio: The Patent Lawyer Beverly Hills has an in-depth involvement with many inventors who deal with technical development of products so that they can gain an understanding of what needs to be protected through patents.
Click here for Patent Attorney Beverly Hills
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