The Preliminary Examination and Search, examines the filed patent application for formal correctness, and searches for published patents and any other published information, e.g. information published in the literature. At this stage it is unlikely to search the media, i.e. television and radio, but something might be found even at this stage.
Because it is only a Preliminary Examination, there will be time to alter any incorrectness in the presentation of the patent application, but it is very important to note that the Preliminary nature of the Search means that it will only able to find patents which have been published, and so, will not find any patent applications which are still in the so-called “Patent Pipeline”.
When a patent application is filed, it enters a metaphorical “Patent Pipeline” in that it remains secret until it is published, 18 months after the date of filing the first patent application (the Priority Date).
This can be the filing date of any of those patent applications filed in the name of the Applicant which are chosen to be associated with the definitive version of the patent specification, i.e. that version of the patent specification which is usually filed as a patent application, just before twelve months have elapsed measured from the Priority date as discussed on how to patent something with InventHelp article.
The consequence of this period of 18 months having to elapse from a chosen Priority date, before publication of the associated patent application, is that a Patent Examiner will not be able to see any patents which contain intellectual property which is similar to that present in your patent application, and which were filed at any time up to one day before the filing date of your patent application, until 18 months have elapsed measured from the Priority Date of any of those earlier patent applications which were filed on dates up to one day before the Priority date of your patent application!
This means that any search which is carried out at any time before 18 months have elapsed measured from the filing date of your first patent application, will not find all patent applications which contain intellectual property which clashes with yours.
Such an early search will therefore really only be useful to you at this early stage, if it does reveal conflicting prior art; i.e. patent applications which are in conflict with yours, and which each have a Priority Date which is more than 18 months before your priority date, or X days less than 18 months before your Priority Date, for a search carried out at X days after your date of first filing.
You then know that you might be able to modify what you have in order for your then, newly created intellectual property, to be sufficiently different from what has been found. Alternatively, you might find out that you are wasting your time with your present idea or invention.
However, please note that any new material that you produce will have to be incorporated into a fresh patent application, which will receive a new date of filing, but which can still retain everything that was in any earlier patent application, if you wish, since the Substantive Examination will dictate that changes to the specification be made, as a consequence of any prior art which is found during this, and the earlier, Preliminary Examination phase. Please also note that any new material filed in a patent application will be compared by the Patent Examiner strictly on the basis of the date on which it was filed.
You can also see why the Substantive Examination is so important – it allows all Prior Art which is contained within patent applications which were filed just before your first one, and which could be in conflict with the intellectual property contained within your patent application, to be examined by the Intellectual Property Office. Read more from – how to patent something with InventHelp.
Understanding the differences between patents, trademarks, and copyrights is essential for any creative entrepreneur. A thorough grounding in the concepts and definitions of these basic protections for intellectual property will provide you with a solid basis for protecting your inventions, creative works, and corporate reputation. Enlisting the help of a business attorney or a patent agency, such as InventHelp patent services, is an important step in ensuring your intellectual property is secure, but it’s equally important to inform yourself about the various methods by which individuals and companies can safeguard their creative efforts and protect their financial interests.
Within the United States, patents are granted by the U.S. Patent and Trademark Office for inventions. A patent offers the holder exclusive rights to an original process, machine, or invention or to any significant improvement to an existing patented process. Patents may be awarded for biological inventions or discoveries, for software processes or programs, for new chemical processes or compounds, and for business processes that are markedly original or unique. Patents do not confer the right to manufacture the invention, but rather prevent others from manufacturing it for a set period of time, usually twenty years. In some cases, a patent holder may not be legally entitled to manufacture the device; this usually occurs in cases where the patent is granted for a significant improvement to an existing patented device. Without obtaining permission from the patent holder for the existing device, the holder of the new patent cannot manufacture the improvement. Such patents are generally either sold or retained until the original patent expires.
Trademarks are the easily recognizable symbols and signs of a particular individual, business concern or organization. Trademarks are divided into three categories: unregistered trade marks, unregistered service marks, and registered trademarks. Typically, unregistered trade and service marks are only valid in a limited geographical area; registered trademarks are protected throughout the country in which the trademark was granted. Trademarks are used to identify the makers of products and the providers of services in the consumer market; as such, they are valuable commodities and should be protected against imitation. Registered trademarks must be obtained through the U.S. Patent and Trademark Office and offer significantly more legal protection to their holders than other types of trade and service marks.
One of the most inclusive and versatile types of intellectual property protections, copyright confers exclusive rights to authors of creative works, including plays, works of fiction, maps, musical compositions, works of art, photographs, motion pictures, dance choreography, architectural blueprints, and software. Unlike patents, copyright does not protect the ideas or concepts within the work, but only the way in which those ideas are expressed. For instance, copyright protections apply to the “look and feel” of certain works of art and software programs, protecting their stylistic elements without protecting the subject matter with which they deal.
Copyright is obtained automatically upon setting the material down in a fixed form such as print, canvas, or digital media. While copyright is the easiest form of intellectual property protection to obtain, it can be the hardest to defend. It is usually advisable to seek help from professionals, such as InventHelp patent invention agency, or legal counsel in order to protect your creative rights.
When you have a great idea, you need to do everything you can to protect it. We’ve all heard the story of poor old Joe Blogs, who thought of the next big invention, only for somebody to steal it from underneath his very nose.
The most common reason for idea theft is not having a patent. A patent protects an individual from having their invention or idea copied and monetized, without them receiving the appropriate compensation for it.
Many businesses or individuals make a fatal mistake when it comes to patents: they delay in getting one. Their plan may still have some kinks in it, or their invention may not be shop ready yet. Whatever the reason, the delay can have devastating financial consequences.
Think provisional patent
A provisional patent is a prequel to an actual patent. It protects prototypes and intellectual property before a real patent is filed. It allows somebody the chance to develop their product idea further, before attempting to get a full one a year later. In this time, the viability of an idea or invention can be established, as can commercial potential.
While it isn’t quite full protection, a provisional patent does offer a strong deterrent against theft. The legal filing number can be placed on any document, prototype or advertisement, deterring anybody looking for a quick buck from stealing your idea. In the case of duplicate inventions, the earliest patent filed wins out.
What to consider before filing one
Less than half of all patent applications end up being granted. Not every idea or invention is patentable. Issues regarding ownership need to be considered, as does who gets credit. If somebody else has perfected what was only a rough idea, they, not you are entitled to file for one. The same applies if you’ve improved upon an original idea. The lines in this case are a little more blurred, so more investigation is required to ensure qualification.
The issue of profitability also needs to be considered. Is there a demand for what you’re trying to patent? Under 5% of everything granted protection will ever make a profit. After the expense of developing a product further, filing multiple patents and advertising and producing it; will your invention make money? If not, it’s very likely that going down the patent route will be a fruitless way to your spend time. That is why it is advisable to consult with professionals, such as InventHelp company.
Taking care of the details
If you’ve decided your invention is patentable and you’d like to move forwards, great.
Now you need to decide which of these three categories your invention fits in to: utility, design, or plant. It’s also vital that it meets these three prerequisites too: novelty, non-obviousness, and utility.
Upon deciding, you’re very close to being able to file your year long protection order.
Before getting legal advice, with the intention of crossing the ‘t’s’ and dotting the ‘i’s’, perform a patent search, just to ensure that nobody has been beaten you to it. There are over 100,000 patents granted each year, so finding a unique invention isn’t easy. Hopefully what you have is however, and your patent will be successful.
You can check previously registered patents by browsing the USPTO patent search database. Entering your invention description will allow you to view a full list of text and images alerting you to previously registered inventions.
If your idea is profitable, if your invention is your own, and if nothing similar comes up on the search database, then congratulations, you’re good to proceed.
It’s now recommended you visit a patent law attorney, just to help the process run as smoothly as possible. You’ll need to create a detailed description and offer drawings to demonstrate how your invention works, so be prepared for that. You’ll also need to pay all appropriate fees. A good patent attorney or an agency, like Invent Help, will be able to help you with all of those things, making getting your grant effortless.
The day you find out that you’ve been awarded your patent will be a monumental day you’ll remember forever. While it may sound slightly complicated at times, it’s something you’ll always be glad that you did.
Patent publications are valuable in an innovation process. The value of a patent publication lies in the novelty of the invention described. A patent can also contain information about an entirely new technology, a so-called emerging technology. That is what makes patent literature so valuable.
Patents are a source of knowledge that is available to everyone and that also describes a lot of innovative technology. You do not need to have a patent yourself to be able to benefit from patent information. Patent publications are freely accessible so let patents facilitate your innovation! Start an innovation trajectory or competitive analysis with a search of the patent literature. Take a good look at the patents of competitors. Hire a patent agency, like Invent Help, to help you and guide you.
A great deal of patent information can be retrieved not only through professional offices, but also through the Internet. Look at the US Patent Office.
Patents and Trends
The International Patent Classification (IPC) classifies the more than 60 million patent publications by technology area. By selecting all patent publications classified in specific technology areas, overviews are created that reflect a technological development over time.
For example, patent publications form the basis for drawing up and analyzing technological trends. Patents are therefore not only important to protect knowledge, but also to gain insight into technological developments. These technological trends can be mapped per country, per period, per industry or per technology area. You can find help for your new invention idea on internet. There are a lot companies offering this services.
Many people, unfortunately, see PPAs as a quick path to a patent — and are not aware of the pitfalls. So I thought I’d take a moment here to describe two significant disadvantages of a Provisional Patent Application:
(1) Many times (unfortunately too many times), the PPA applicant uses the PPA as a shortcut, and doesn’t do as thorough of a job at researching and disclosing information about his or her invention as he or she would with a traditional patent application.
(2) This is similar to (1), in that a PPA doesn’t require the applicant to file Claims. To many, Claims are the “heart” of the patent application. In many cases, writing the Claims greatly influences how how the rest the patent application is prepared. They go hand in hand. Without the need to draft Claims, the applicant may or may not prepare the PPA disclosure in such a way that solid, supportable Claims can be written later in the full application. And that would be catastrophic as described in this https://azbigmedia.com/business/why-new-inventors-turn-to-inventhelp-for-support/ article.
I can’t underscore point (2) above enough. For individuals who have never written a patent application before, it is very difficult to have a firm grasp of the critical nature of the Claims — and the very precise interdependency of all the elements of a patent application. I would guess that someone filing a PPA by him or herself, without having gone through the process of at least one full-fledged patent application prior, the likelihood of being able to prepare solid Claims in the full patent application down the road are extremely slim. Said another way, the chances for a catastrophic problem with the full patent application are very high.
There are other reasons that I don’t particularly recommend a PPA for a first-time inventor – but some of these are more technical in nature and would be difficult to describe here.
Sure, for experienced inventors with a number of patents / patent applications under their belts, a PPA can be a useful tool. For instance, a PPA saves upfront costs. It also enables the invention to immediately be marketed as “Patent Pending”. And a PPA gives the inventor up to one year to research whether or not the invention may be profitable in the marketplace…and thus one year to determine whether he or she would want to file a full-fledged patent application. Therefore, hiring a professional patenting agency like InventHelp is advisable.
But, as I said above, I think the likelihood that a first-time inventor can take advantages of these benefits is slim. That’s just my opinion, based cases that I’ve come across. Other people may think otherwise, and I certainly respect those opinions.
The purpose of a patent is to provide rights for an invention to the individual who created the invention idea for the product. The inventor is expected to prepare a strategy for the product and once this is done, apply to the patent office. The moment you have patent assistance, depending who is helping you, you’ll acquire a huge number of vital benefits that will protect your invention and future monetary investment.
Patent assistance can help prevent theft of the intellectual property. Usually, the key issue of concern on an inventor’s mind is how to protect the new invention idea from being stolen while the finishing touches on the creation and application process are being worked out.
If the inventor hasn’t begun to file for a patent, anyone from the public can legally claim the idea or invention as their own. It would be difficult to establish who exactly created the idea initially. However, with patent assistance nobody can pinch up your ideas or use them without your consent as shared in https://thriveglobal.com/stories/a-discussion-about-inventhelp-and-helping-people-achieve-their-goals/ article.
Take the above with a grain of salt… make it 2 grains. The above information is only true if you are using the help of an honorable firm. You must really do your homework in this area BEFORE you divulge your invention information.
Another benefit of patent assistance is that once you get a patent, it is regarded as a positive feature to your business. The reason for this is that the idea of your invention can achieve fame and the demand for it can develop with time. The patent will then increase in value and thus making your business more lucrative.
The other reason why patent assistance is of great benefit is prolonged existence. As soon as a new and useful product comes into the market, it takes a very short period of time for other competitors to carry out their own research and imitate the idea.
Once you get a patent it will be active for 20 years (this is true in most cases however there are different types of patents with different expiration times). Therefore, you will have enough time to produce and generate an income from your invention without the fear of some other company coming to exploit your brilliant concepts.
Financially, your patent can be sold utterly to another for monetary compensation. Another benefit is that you can license your patent to other parties for a certain percentage of the sale cost. It does not matter whether you are a whole business organization or a self-governing innovator. A patent is a very precious asset that is highly needed to protect you from crooked people and companies who are out to gain money from your own original invention.
You can also get a design patent for your product. The best thing about design patents is that they help in reducing competition. Once your inventions are protected, competitors are forbidden to manufacture a product which is impossible to tell apart from the already existing one. Note that the design patents only protect the design of your invention and not the idea. That means that this patent is much weaker than a utility patent. However, they are very helpful in protecting the identity of your invention as explained on https://easyreadernews.com/why-inventhelp-has-become-so-crucial-for-new-inventors/.
Seek patent assistance only after you have thoroughly done your research concerning your invention. If you feel you don’t have time to research patent assistance companies to find one that’s best for you, contact a local patent law firm.
It is a little known fact, that the founder and current CEO of the Tesla Motor Car Company Elon Musk, named the company after the physicist and electrical engineer Nikola Tesla who developed the first AC electric motor way back in 1882. Indeed the electric motor featured in the popular Tesla Roadster electric car is a direct descendant of the original AC motor as stated in http://theavtimes.com/2020/07/01/amazing-ways-inventhelp-can-assist-you-as-an-inventor/ article.
The Tesla Motor Car Company is located in Silicone Valley in Santa Clara County West California USA; it is a public company and is a member of the group which links all security dealers involved in electronic communication systems in the USA together (NASDAQ).
The company produces electric cars and parts for electric power train usage, and though having to struggle for a decade or so finally showed a profit in the first quarter of 2013 thanks largely to the increased sales of its Tesla Roadster vehicle, the first all electric sports car.
During the early years the company was heavily subsidized by the US Government who of course were heavily interested in encouraging the development of energy efficient electric motor cars in line with the dwindling natural oil resources, while keeping an eye out also for reducing CO2 emissions from the exhaust pipes of petrol driven vehicles. The Tesla Motor Company has fully repaid this debt of $250 million borrowed about 10 years earlier and made itself a handy profit also, thus reflecting the strength of the companies stock with NASDAQ.
It is reported the CEO, Elon Musk is on record as stating that he believed the Tesla Motor Car Company to be the best in the world, and by examining the companies track record over the last decade there certainly an element of truth in the statement.
The Roadster sports model has proven to be popular and successful while the Model ‘S’ recently introduced is quite revolutionary despite many negative comments relating to its many attributes, mainly from the gas producing companies!
For the future development of the company Elon Musk is basing his thoughts around three corporate strategies aimed at producing a variety of electric powered motor cars and making them readily accessible to the general public as seen on https://www.newsbreak.com/news/1606220763464/how-new-inventors-are-benefitting-from-inventhelp-assistance.
By selling quantities of electric motor cars in company owned showrooms distributed around the country, and by using commercial sales sites on the internet thus enabling the cars to be sold online.
Continuance with the policy of producing electrical parts for power trains and selling them to other motor car manufacturers to assist in the early delivery of electric cars to the consumer, at the earliest possible time.
To act as the stimulus and lead the way in encouraging other motor car manufacturers, thus demonstrating that there is an undoubted demand for high performance and energy efficient electric motor cars.
Certainly other U.S. motor car manufacturers are sitting up and taking notice of the success of the Tesla Motor Car Company, indeed the Chairman of the world renowned car manufacturer General Motors (GM) admits freely that the Tesla Roadster model was the inspiration behind GM producing its sedan electric motor car the Chevrolet Volt.
Before you go on the Shark Tank, do your homework and know which sharks are best for your product. Find out about their backgrounds, personalities, and track records (how successful are they with helping businesses become successful). If you’re fortunate enough to get a deal with a shark(s), you will also be scrutinized as part of the shark’s due diligence effort which can last many months. So, you should do the same to them before you go on.
In addition to the homework, make sure you practice, practice, practice, and more practice. Make absolute sure you have rehearsed your business presentation speech so that you are flawless. Remember: first impressions go a long way in whether the sharks will have confidence to invest in you as explained on https://usa.inquirer.net/56347/everything-you-need-to-know-to-be-a-successful-inventor. When they invest in your business, they invest in you. If you saw someone who had difficulty telling you exactly how your product works or your business plan, would you like want to invest in that business? I doubt it.
Conduct an honest review of your product or service. Ask others for their opinions on whether they think your product is appealing enough for a large segment of the population. If it isn’t, then it’s likely that the sharks will not be interested. Remember: they generally do not like to invest in niche-type businesses even if you have sales. Speaking of sales, make sure you have some. Although it’s possible that an idea alone can be sold to the sharks, they would be much more inclined to invest in an active business with a sales history rather than take a bigger chance on an unproven product as described on https://www.hometownstation.com/santa-clarita-news/use-inventhelp-to-kick-start-your-career-as-an-inventor-today-335441.
Don’t be one of the losers who go on the show with little or no idea about their numbers associated with their companies. Don’t be like the three fools who went on the show trying to sell their beer-flavored ice cream. They weren’t able to articulate the total dollar amount of the orders they currently had. They argued that they were not accountants and were looking for the sharks to provide that type of support. Robert Herjavec clearly explained to these fools that there are some numbers that every business owners needs to know – there is no excuse for it. It’s kind of like saying I don’t know my social security number or my birth date because I’m not a numbers kind of guy.
A patent is a document issued by an official body to an inventor of the industry, allowing authorization to prevent the use of this invention by others for a specified period of time.
The invention is the idea of innovation that provides a solution to a special technical problem (introducing a technical rule) that is the product of human intelligence. This idea may be related to a product or production method.
Patent protection of inventions is not only a benefit to the patent holder. On the contrary, the patent system has important functions in the national dimension and even internationally as described on https://midhudsonnews.com/2020/05/10/how-does-inventhelp-support-new-inventors/.
In addition to rewarding the inventor, patent protection of inventions contributes to social and cultural development by ensuring that the products of the mind are recognized by the society.
Apart from this, it plays a role in the economic and political development of countries by providing technology transfer, increasing foreign investments and determining industrial policies effectively.
An effective patent system plays an important role in the development of technology. Patent protection encourages innovation, technology transfer, and plays a role in determining the industrial planning and strategies of countries.
The inventor spends effort, time and money to realize his invention.
By presenting the invention to the public for the information and use of the invention, the inventor has to share his invention with the public as explained on https://vocal.media/journal/innovating-as-a-small-business.
The patent document gives the inventor the right to operate (such as using, producing, selling) for a certain period of time without the intervention of third parties.
If you are an inventor and you need to find someone who will advise you and guide you through the patent registration process, you should choose an experienced lawyer or agent. Also, keep in mind that lawyer fees are higher than agent fees, because lawyers have higher education.
You should only choose people who have great experience if you want to make a good patent application. You can ask other people who are in the field to recommend someone who is good. Another way is to go to the USPTO site and search for a person in their database. Keep in mind that choosing your person near your town or near the place you live is much more effective because you will be able to meet them and keep a close relationship as described in https://www.glassdoor.com/Reviews/InventHelp-Reviews-E152162.htm post.
Attorneys specialized on patent laws can also engage in other patent related legal proceedings or help with other matters as long as these are authorized in their area. A patent lawyer will be able to handle a license and make a contract recounting a patent only if he lives in a place where the authorities approve it as a part of the law.
Inventors who want to obtain intellectual property can also receive help from a patent lawyer. A patent lawyer is able to give them advice on how to protect their ideas and inventions. However, only people who are authorized by the bar after taking the Patent Bar Examination are patent lawyers as explained on https://blogs.cornell.edu/react/inventhelp-taking-inventions-from-paper-to-the-global-marketplace-hinges-on-usp/.
In order to become patent lawyers, people need to study and get a degree in a science field like physics, engineering, or even chemistry.
If you want to protect your intellectual property and keep matters safe, be very careful when choosing the person who will handle your application.