Patenting is the legal process by which you as an inventor make your intangible ideas tangible and transferable. It allows you to protect your intellectual property from being copied or used without your consent. When you 특허등록 your idea, you claim ownership over that idea and all subsequent (related) inventions, whether they are based on your original invention or not.
Although the benefits of patenting are numerous, getting a patent doesn't come without its challenges. To help navigate the complex legalities and paperwork associated with patent registration, we're going to walk you through the entire process of patent registration from A-Z. We'll cover everything from identifying the right invention to finding the right lawyer, to filing the patent application and negotiating the patent terms. Let's get started.
Inventor
As the first step in the patent process, you'll need to identify the inventor of the invention you wish to patent. If you're not sure who the inventor is, turn to your attorney for help. They will be able to tell you who the original creators of the idea are and, if necessary, can also point you in the right direction
In many cases, your attorney will be able to provide you with the inventor's name. However, if there are no details available about the inventor, you'll have to do some independent detective work. You can start by asking other family members or friends if they know who might have been involved in the creation of the invention. You can also consult the internet for information on patents and patent applications. Remember, if you find out who the real inventor is, you'll have to agree on a license or contract with them before you can officially patent your invention.
Once you have a rough idea of who the inventor is, it's time to move on to the next step.
Attorney
After you have the inventor in mind, you'll need to find the right attorney to help you patent your invention. Although there are several different types of attorneys, you want to be sure to find an experienced IP attorney with an emphasis on patent law. Many large law firms have extensive resources and can assist you in finding the information you need. When searching for a patent attorney, make sure to look for those who have experience in handling inventors' cases and those who can provide you with clear and concise communication throughout the process.
File The Patent Application
The next step in the process is to file the patent application. This can be done, either personally or through an agent. If you're filing by yourself, you'll need to prepare all the necessary forms (including a table of contents and an abstract) and follow the proper formalities. Depending on the type of invention you have, you may need to consult with a patent attorney to ensure you file the application correctly. Some of the forms you'll need include:
- Patent application (form PTO 15)
- Patent application fee (currently paid in advance)
- Patent filing fee (currently paid in advance)
- Affidavit of No Confusion (form PTO 16) (This form is required if you state in the application that someone else has already filed for a patent on the same invention.)
- Power of Attorney (form PTO 17)
- Provisional Application (form PTO 38)
- Continuation Application (form PTO 39)
- Designation of Country of Invention (form PTO 40)
- Designation of Inventors (form PTO 41)
You'll need to take care of all the legalities associated with the application process, from paying the necessary fees to presenting the proper evidence of inventorship (if needed). For this, you can either hire a patent agent or handle the process yourself (with some legal guidance from an experienced attorney).
Take Care Of The Patent
Once you have filed your patent application, you'll need to take care of the patent. This includes ensuring that you have the right patent, handling any disputes and negotiating the terms of the license or contract with the inventor(s). A good patent attorney should be able to walk you through the entire process, step by step. He or she should be able to handle all the necessary correspondence and be accessible whenever you need them. They should also be able to give you advice and guidance on how to proceed with the negotiations and help you prepare for possible disputes.
Licensing Your Invention
Another critical step in the process is to secure the right license or contract with the inventor(s) who own(s) the patent you filed for. Even if you've filed a patent, you're not automatically afforded the right to exclude others from using your invention. For this you'll need to negotiate with the inventor(s) and come to an agreement on the terms and conditions of your license or contract.
Many times, the inventor(s) of an invention might not initially consider it to be patentable, or they might not know how to go about patenting it. In these scenarios, it's up to you to convince them that your invention is, in fact, worth protecting and that there are numerous benefits to securing a patent for it. Once you've established a business relationship with the inventor(s), it's time to move on to the next step.
Next Steps
After you've negotiated a license or contract with the inventor(s), it's time to move on to the next step. First, you'll need to prepare for the examination of the invention you've patented. Second, you'll need to decide whether or not to submit the invention for patent protection. Third, if you do decide to go ahead with the process, you'll need to notify the Patent and Trademark Office of your decision. As mentioned above, this can be a very lengthy and complex process, but with careful planning and execution, it's highly achievable.