As a form of protection, patents are given to inventions. The U.S. Patent and Trademark Office (PTO) grants patents for a period of between 14 and 20 years. A patent prevents outsiders from using, making, or selling your invention without permission. Below we discuss entrepreneurs’ patent preparation.

Only an inventor who creates the idea can apply for a patent. The law requires everyone who participates in the invention’s creation to apply for a patent together.

Any person who applies for a patent on a idea that they did not invent is subject to criminal penalties as well as invalidation of the patent. Moreover, an individual who makes a financial contribution to an invention cannot be among the joint inventor list.

When inspiration comes to an entrepreneur or inventor, there is a crucial need to patent the idea before somebody else does. An organization with higher resources pushes an inventor out of the market in the absence of a patent protection over an innovation or invention. This mostly happens when the organization re-engineers, imitates, and resells the patent.

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Five basic things an Entrepreneur require to know about patents preparation

What are the requirements for obtaining a patent?

Here are five basic things an Entrepreneur require to know about patents preparation

Patent preparation require an entrepreneur to know what is expected for patent issue.

1. What is A Patent

A patent is a license that the government issues to provide the patent holder with exclusive rights to a procedure, design, or innovation for a period of time. The patent holder becomes secure from any other entity trying to get hold of their intellectual property.

2. A patent is Not given over An Idea

Without any unique personification, a common idea or plan cannot secure intellectual property. The idea needs to structure as a tangible plan or asset, either by developing a prototype or via comprehensive portrayals and illustrations for it to qualify for a patent. The key to writing a strong patent is to become an expert in your concept.

One of the basic thing that entrepreneur should know on patent preparation is that a common idea or plan cannot secure a patent.

3. There are Several types of Patents

During the patent preparation, the inventor must consider the type of patent that they wish to apply for. In the US, there are three main types of patent; utility, design and plant patents. A utility patent grants the right to stop anybody else from creating, selling, or importing the invention without the consent of its inventor. A design patent protects the distinctive look of any manufactured item like furniture, containers, and clothing. Plant patents on the other hand entails new varieties of plants that are unique and produced asexually. They grow from grafting, cutting or cloning.

4. Patents Requirements Vary From Country to Country

There has been a range of different patent authorities. However, there is no particular governing organization issuing internationally applicable patents. In the United States, the mandates falls under the “United States Patent & Trade Office” (USPTO). The office provides the inventors with the option to initially file a provisional patent application. The application labels your invention as patent-pending for a year. You can determine whether your idea is marketable or not while waiting for the approval.

5. One Who Files a Patent First Wins

In the new America Invents Act, a first-to-file approach on patents prevails over first-to-invent basis. The first applicant hence receives the patent award where more than one applicant is filing for the same. However, under the revised U.S. system, the inventors can still avail a particular grace period to file their application at the USPTO.

What are the requirements for obtaining a patent?

The actual test for patentability is more complex than the sentence implies. The U.S. patent laws determines patentability. For this to happen, an invention must meet these requirements;

  • The invention must prove useful
  • It must be new
  • It ought to comply with the statutory requirements (subject matter eligibility)
  • The invention should not be obvious

Useful Requirement

Patent law requires that subject matter be useful. This means that the invention must serve a practical purpose. This requirement is more critical when patenting a drug or chemical compound. It is essential to identify a practical or specific use for the compound.

Novelty (Newness Requirement)

The patentability of an invention requires that the invention be new or unique. There exists novelty requirements that the invention must posses. They include certain public disclosures that largely contribute to the patent been given. The most important rule, however, is that an invention will not be patentable if:

  • The general public knew the invention before the filing of the patent application
  • The idea was first described in a printed publication prior to the applicant filing for patent protection.
  • Before seeking the patent protection, a description of the invention in either a published patent application or an issued patent exists.

This exception applies to disclosures made by an inventor within one year of filing the patent application. He/she must file for patent application within a year of the first public disclosure or offer to sell the invention. This “statutory bar” is very strict. An inventor who fails to file for patent protection of his/her invention within the one-year grace period loses any rights to receive patent protection.

Subject Matter Eligibility

Section 101 defines four types of patentable inventions: processes, machines, and articles of manufacture. Patentability is denied for inventions that do not fall within any of these four categories. Data structures that cannot use a computer or any type of computer-readable media are examples of structures that one cannot claim over.

Moreover, functional descriptive material such as music, literary works, and compilations or arrangements are not eligible. This also applies to electromagnetic waves and signals hence not patentable. Similarly, a claim to a software not linked to a process or physical machine is not patentable.

To avoid this problem, experienced patent attorneys will not claim software in the abstract but within the context of a computer machine or process.

Non-obviousness Requirement

A Novel invention is different from prior products or processes. To be patentable, an invention must non-obviously improve the prior art. The invention must also not be obvious to a person with ordinary skills in the art to which the invention in question relates.

Comparing the invention to the previous one helps determine whether the differences would appear obvious to an ordinary skill- in -technology person. The invention must be apparent before filing the application as per the requirements of the statute.