IPR: How to file a patent
Continued conversation with Gyanveer Singh, founder of a Techno-Legal Consulting Firm with a diversified business practice, providing services in the?domain of Patents, Trademarks, Copyrights, Corporate Laws, Statutory and Regulatory Compliance.
Q:?What is the process for filing for a patent?
A:?An invention can be pursued as a patent if the invention stands out to be novel and non-obvious.?Though there is no fixed process,?here are the steps?that we recommend for better clarity.
1) Identify an idea to patent For identifying patentable subject matter before writing the invention disclosure, we can also conduct an idea harvesting session with engineers/researchers. Idea harvesting sessions or brainstorming sessions can be scheduled anytime during the product development life cycle.
2)????Write an invention disclosure document describing the technical problem and solution. Once the valuable ideas are captured, a team member can prepare the invention disclosure document.?It is recommended to engage a patent attorney/agent/professional at this stage to conduct the next steps - patentability search, draft a patent specification and file the patent application.?
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3)???Conduct a patentability search on the invention to understand the patentable scope of the invention. A patent search or patentability search is the process of evaluating the patentability of your invention.?Patent applications will be rejected by patent offices (e.g., USPTO, India Patent Office, etc.) if a granted patent for the same invention already exists. Therefore, it’s certainly worth verifying the originality of your invention before you invest too much time and money into it.
4)????Draft a patent specification with claims, drawings, detailed description, etc. Patent specification containing claims, detailed descriptions, and drawings, elaborating the invention is a techno-legal write-up disclosing the invention sufficiently.
5)???File patent application with a respective patent office where protection is required.?Claims stand out to be the crux of the patent specification on which the owner of the invention enjoys the monopoly.?Once the patent specification is finalized, a patent application is filed at a patent office of the desired jurisdiction, along with relevant forms. Some of the forms include proof of right, inventor declarations, entity status declaration, power of attorney, and so on.