Business

Protecting Designs

This area of intellectual property protection is concerned with protecting the outward appearance of products. It protects lines, contours, colors, shapes, textures and ornamentation that come together to give products a unique shape. If your business relies on the visual appearance of products, designs rights should be important to your business. Design protection comes into its own when the product design and aesthetics are primary characteristics of product differentiation.

Often other types of intellectual property rights assist to enhance the protections granted by designs, such as patent rights and copyright.

Designs may be made to play a central role in an integrated IP protection strategy, adding a layer of protection that would not otherwise exist, and providing an additional means of protection that falls outside the scope of the other forms of intellectual property protection as you can see from how to patent a product with InventHelp article.

Unregistered Design Rights

There are two types of design protection. Firstly the unregistered ´design right´ applies automatically in the same way as copyright law; secondly, a registered design, requires a formal application to the Patents Office and grants more extensive protection.

Registered Designs

Manufactured products are often the result of significant market research and investment in the development process. Products resulting from these processes often warrant protection as registered designs. Registered designs are arguably the most cost effective means of registered intellectual property protection as written on how to apply for a patent with InventHelp post.

Registered Designs protection applies to all manner of industrially manufactured products which have some physical characteristic that is visually distinctive and new, whether it was designed for domestic or industrial use. It protects the shape, configuration, surface decoration and patterns from coping, and as such may be made to play an important part in ensuring future returns on investments are realized, by having an effective legal right against predatory copyists.

Are You Prepared To Face The Patent Office?

Recently, the United States Patent and Trademark Office proposed changes to the way patents will be processed with a view to reduce patent Examiner’s work load. These changes could drastically limit the company’s ability to secure strong patents. Under the current practice, if the company is not happy with the Examiner’s refusal to grant a patent, the company can file one, two, or more continuation patent applications so that additional exchanges can take place between the applicant and the Examiner.

If the proposed rule changes are made permanent, and it is widely expected they will be, the patent applicant will have opportunity to file only one continuation application, which means only a limited number of exchanges are possible. If such exchanges do not result in patent grant, the applicant may have to narrow the scope of invention by further distancing the invention from a known drug formulation; or in some cases, lose its patent entirely.

When the patent applicant tries to amend or narrow the application, he may face several legal hurdles. For example, the Examiner may refuse saying that the originally filed application does not contain the language that applicant wants to use for amending the application. To avoid such an unfavorable result, the patent application must have been prepared in such a way that the Examiner cannot refuse the amendment. And that is where a professional patent agency, such as InventHelp patent invention agency, is needed.

To illustrate this, consider the following situation where the applicant describes his invention which is a drug formulation containing a drug in an amount from 1 to 50%. The Examiner rejects the application since a formulation containing 7% drug is known. If the patent application had disclosed only 1 to 50% drug, the inventor cannot amend the application to say 8 to 50% to avoid the known formulation.

On the other hand, if a cascade of fall back positions had been built into the application at the time of patent filing, such as 5 to 30%, 10 to 20%, and 12 to 15%, then he can amend the application by defining 10 to 30% or 10 to 20% drug so as to cover his invention which may contain 11% drug. In the absence of a fall back position, the applicant will have to forego the entire patent.

A patent application is a serious legal document and should be prepared with great care. This requires knowledge of the industry, for example, what has been done before and what the competition might try to get around the patent. In the wake of the proposed rules, the importance of having a professional agency, like patent invention InventHelp agency, writing a good patent application cannot be overemphasized.

How to Check Already Published Patent Applications

Patentability or a prior art search for an invention provides the inventors/patent attorneys with insights into existing technologies that seem similar or related to the invention. The search is performed based on specific aspects that the invention is attempting to claim rights to.

Patentability searches typically include U.S. and international patents, published patent applications, and non-patent literature.  There are professional patent agencies, such as InventHelp patent agency, to help you with the research. Their services are provided by experienced and trained engineers specially trained in performing patent searches on free and paid databases. They personally analyze the technology at issue, read the patent references, and conclude what patents or published applications are most relevant to your concerns.

Search already patented applications and granted patents using electronic database provided by some national or regional patent offices in order to avoid repetition of existing patent or filed patent.

Perform rigorous searches on the available resources to identify the references by understanding the technological concepts of the invention disclosure provided by the client.

Closely work with attorneys to conduct patentability searches for invention disclosures and analyze whether the identified references are relevant to the provided invention disclosure.

The prior art search keyed to the inventions, technologies, and competitors is conducted on available online patent databases. The Internet has several websites that provide databases of U.S. patents and published patent applications, as well as international and foreign patents and published patent applications.

Free patent search sites include: the U.S. Patent Office, the European Patent Office site, and the Delphion site (free use is limited). There are commercial sources as well where both patent and non-patent publications can be searched. General Internet searches are also helpful in searching for products and services that may not be represented in any of the available databases as described in this how to patent a product with InventHelp article.

The Patent Process – Patience Pays Off In The End

While waiting for the patent process to run its course, you must exude much patience and perseverance to make it through patent licensing’s long process. On average, the process take upward of 3 years, which is short in comparison to the finalized patent’s lifespan of 20 years before you have to go through the same process again. In the meantime, many inventors and businesses label their items, services or ideas with “patent pending” or “patent applied for”.

Even though the word patent on an article hold legal merit, the words patent pending holds no ground except to look decorative. All these words truly mean to the customer is a patent has been filed with the United States Patent and Trademark Office (USPTO). The words “patent pending” are not required on packaging. However, the word patent must be displayed on an article once that item is patented.

The “patent pending” process in the U.S. is really a matter of filing with the USPTO. When you receive a filing date, you are allowed to use the term “patent pending” for at least a year as explained on this article – how to patent something with InventHelp. But before you actually file, you should first consider these tips:

1. The process will take a very long time, so don’t expect to get approved as soon as you file. Your invention won’t receive any attention for quite some time. Try the mantra, “Patience is a virtue”.

2. Your idea or invention may already be filed and patented. So, do some preliminary research through some sources like for free through USPTO at http://www.uspto.gov/.

3. To do a real and complete patent search, you’ll need a licensed patent attorney.

4. Details matter a lot on the USPTO application. So, ask a patent attorney or a patent service for assistance so you can be as accurate as possible. A useful legal source online is InventHelp, which helps you do your application process step-by-step. InventHelp patent agency can also prepare technical drawings and review your application for accuracy and regular errors.

5. You have to stand by your idea or invention and let it be known that this is purely your own throughout the process. This is where perseverance is critical in order for the patent to become all yours.

6. Several steps along the way require checks. The first check will be about $355, which covers filing. InventHelp also guarantees a filing date upon completing your application and receiving your fee. When filing an application with USPTO, you will be mailed an official letter called “Notice of Allowance”.

Your journey through the patent process does not after the application is submitted. The finalizing process of your patent costs roughly $685. Then when this process is done, you must pay your first periodic maintenance fee of $900. To keep your patent active over the next 20 years, you’ll make more maintenance payments that will total around $3000.

Do I Really Need a Lawyer?

In a world as unpredictable and ever-changing as ours, nothing is more valuable than security. The climate changes, politics change, and the government adds new laws, removes the old, and alters terms and regulations of commerce.

Business models are redefined, new economic theories advocated, then revoked. But always technology is being introduced, invented, reinvented, expanded, reduced, made more portable or modified. From the inventor, the innovator, the world is constantly in need of new ideas and advancements. But how do you protect an idea, something immaterial. Read more – How do you patent an idea with InventHelp.

A patent does exactly that: it is a license granted to exclude other’s from laying claim to one’s immaterial innovations. To obtain a patent, the best method is to consult a patent attorney, someone with expertise and experience in obtaining, articulating, and protecting your valuable intellectual assets.

As you consider whether or not to pursue a patent, take the time to consult an expert, a patent attorney, or several, about the benefits and necessity of patenting and protecting your work. One key point is the cost of your potential patent, not only the momentary monetary expense of the initial patent, but the cost of expanding and capitalizing upon the work you’ve already done.

The bottom line: the legal issues surrounding patents are complex, and hiring a knowledgeable patent attorney will pay dividends in the long run as you develop, market, and expand upon your initial innovative technology as you can read from https://pathofex.com/invention-journey-with-inventhelp-patent-services/.

Determination of Value of the Invention in View of the Prior Art

Following the patentability search, a number of records will be revealed and a claim scope of the new invention can be determined. It will also be determined whether the patent application will be rejected during the prosecution of the application, or whether an allowance can be obtained. The inventor will then have a handle on whether the new invention has commercial value and the inventor can decide whether to file a provisional patent application or a utility patent application.

The InventHelp attorneys will prepare and file a patent application and will interview the inventor and discuss the invention and any alternatives and seek to obtain a broad patent protection. Possibly, multiple applications can be filed. Generally, a strategy will be undertaken to further the business interests of the client. Once the patent application is filed, the applicant will obtain “patent pending” and be able to affix that phrase to your product.

About Foreign Patent Protection

An applicant should consider seeking patent protection in other countries depending on the business interests of the client. By filing an international application or applications in selected countries, you can expand the potential market for your invention and overall value of the asset and to prevent competitors from making, using and selling a business abroad outside the United States.

Your United States patent will only protect you against others making, selling, offering for sale, importing, exporting, or using your invention within the borders of the United States. Your United States patent will not enable you to prevent others from making, selling, or using your invention outside of the United States.

Invent Help also can work with other foreign attorneys in order for you to file a foreign patent application to obtain foreign patent protection for your invention to prevent others from using your invention in other countries outside of the United States.

There exist several treaties that will permit an applicant to claim the benefit of an earlier filed United States Patent Application.

How To Patent An Idea And Own The Rights To The Invention

There are people that are really good at coming up with new and fresh ideas, but don’t know the steps to take to get them developed and promoted. If they would take the time to learn how to patent an idea, the rewards could be plentiful. You need to get help for your invention and get your new invention ideas off the ground and let others know you were the first one to think of it. When filing a patent, the first one to act on an idea is usually credited with the patent.

An idea patent will not be granted just on your brainstorm; you must be able to demonstrate how it works. An invention can be an idea as long as it can be made into a tangible product. The process of taking a product from concept to market is filled with obstacles.

Not taking into account the time and resources needed, can lead to frustrations as you try to gain momentum. Make it easier for yourself by getting assistance from professionals that have experience in promoting the patenting ideas of inventors to manufacturing companies.

Submit Your Idea

The United States is the only country that gives credit to the first to invention versus the first to file. When starting out as an inventor, while you are trying to determine if you have something, the biggest risk is someone beating you to the punch.

You have to be able to explain your idea and submit it to the company that knows how to patent an idea. Idea people know what they want in their minds, but it can be difficult to make a presentation to others. You need it to be professional enough to impress corporations, investors, and potential partners.

Shhhhh… Be Discreet

Once you learn how to patent an idea, you may want to share with others that you have applied for a patent with the USPTO. However, be careful and leery with the information you disclose before the priority date has been established. When you patent an idea, do not disclose the invention or information to anyone you don’t completely trust. Avoid working with people who aren’t trustworthy and only share the necessary aspects on a “need to know” basis.

What Can the Inventor Do To Protect an Invention?

Although a patent provides strong legal rights to the inventor, patents are not invincible. They may later be challenged through various legal methods. Obtaining the best and strongest possible patent protection requires effort on the part of an inventor. Fortunately, there are patent agencies, such as Invent Help, that will ensure that. The worth and strength of a patent can be increased by following these guidelines:

1. Keep accurate written and/or photographic records of the development of all inventions from the initial conception of the idea through each stage of development and ultimate commercialization.

2. Have all of your development records witnessed, dated, and signed by two trustworthy individuals who understand the invention.

3. Gather together all technical information, literature, and documentation relevant to the invention, whether or not the information is public, and make an initial determination of the advancement the invention represents.

4. Determine if the invention represents an advancement worth protecting.

5. Do not offer the invention for sale prior to filing a patent application.

6. Do not publish articles describing your invention prior to filing a patent application.

7. Do not publicly use or disclose to others your invention prior to filing a patent application unless the disclosure falls under a confidentiality agreement.

8. If the decision is made to pursue patent protection for the invention, assist your patent attorney in preparing a patent application by providing all the useful information available relating to the invention and any relevant references related to the invention.

9. Actively follow the progress of the patent application and assist your patent attorney by pointing out how your invention differs from, and provides better results than, the prior patents and references which the Patent and Trademark Office may rely on in refusing to grant a patent.

10. Promptly inform your patent agency, like InventHelp, or an attorney of any changes or modifications which are made to the invention.

Has Your Idea Already Been Invented?

The patent search is an important tool in the patent process. Unfortunately, like snow flakes, no two patent searches are alike. For this reason, you will want to know what methods your patent attorney will use to perform his or her patent search and the problems that can result.

Online Electronic Search

The internet now allows patent searches to be performed online. The United States Patent & Trademark Office has a free searchable database at www.uspto.gov. A problem with this site is that the results are text-only and do not show illustrations of the patented inventions. Full patents can be ordered for a fee, as either printable download or can be ordered by mail.

Another online searchable database is Delphion, www.delphion.com. This is a paid subscription service that provides search results, including illustrations, in PDF format. Delphion provides much more powerful search and organization capabilities, but is more cumbersome to use.

The advantage of electronic searches is that you can type in keywords and get your results. The problem is that the online databases only contain the more recent patents. Also, no matter how carefully you have selected your keywords, it is possible that you will miss patents that use different words or phrases to describe the same invention. That is why hiring professionals, such as Invent Help would be wise.

Search At The United States Patent & Trademark Office

The United States Patent & Trademark Office (USPTO) has a large warehouse that stores all of the six-million plus issued United States Patents. This warehouse is open to the public for searching and copying of patents. Patents are organized by classes and subclasses, as determined by the USPTO.

Because of the organization, once you find the right class/subclass, you can essentially search those patents by comparing the illustrations and text to your invention.

The advantage of performing a search at the USPTO is that you can quickly and easily search through large numbers of relevant patents. The problem is that you have to fly out to Washington D.C. to do this. This can be incredibly expensive, depending how far away you live from the capital.

Professional Search Service

The method that InventHelp use for performing a patent search is to hire a professional searcher, stationed in Washington D.C. Professional searchers are not patent attorneys, they merely conduct searches that are requested by an inventor or patent attorney. They perform these searches in the USPTO warehouse. These professionals can find the class/subclass for your invention much faster than you can, and they are much cheaper than a plane ticket to Washington D.C.

These services usually cost a few hundred dollars. Upon receiving the results of the search, your patent attorney can then prepare a “Patentability Opinion”. The “Patentability Opinion” distinguishes the features of your invention from the patents found in the search. From this opinion, you can make an informed decision as to whether to continue with filing a patent application.

Is Your Idea Original?

Inventors often fear that others may steal their ideas, but often, they don’t do the legwork to confirm that their ideas are, in fact, original. If there is a clear problem to be solved, it may be highly likely that it has been thought of before. A visit to your local mall, hardware store, office supply center, etc. may reveal that there are products already in that space as you can read from https://fingerlakes1.com/2021/07/08/team-up-with-inventhelp-to-take-your-career-to-the-next-level/. This is actually to be expected. Think for a minute about a common problem, messy computer cords.

As I sit here in front of my PC, there is a rat’s nest of computer cords unattractively draped behind my desk. I’m well aware that there are a multitude of products that could be a solution. I can visit any computer/electronics store and find several products to address this problem. I can go to Google, Yahoo, or Bing and type in “messy cords” and find products. If I go online and do a patent search, I will find, again, numerous patents filed for various solutions.

Messy cords is an almost universal problem for anyone with a computer or AV equipment, so that there are bound to be many possible solutions and products. At some point in the invention process, the inventor or designer needs to access whether their idea is truly original and worthwhile pursuing.

This is where the urge to be secretive can backfire. They may rush to patent their idea, convinced it is unique, and guided by professionals who want to bill the average $10,000 to $30,000 that it costs to patent a new product, they may not be adequately informed. An expert in the industry would quickly be able to tell them that this product is not unique enough or lacking features that would distinguish it from the competition. You can get help from patent agencies like InventHelp.

A little competitive research does not have to be the death knell for a new product, however, it can actually be the start of further development, creating a product that can be licensed. Once you are aware of what is out in the marketplace, how can you make your product better? Increase the benefits? Make it easier? Faster? Save time or money for the user? Originality is an important quest in product development, make certain that you invest sufficient time and energy in it.