Innovative businesses are driving change around the world. New businesses are forming and thriving because of new technologies and the innovations they enable. If your business is innovating, consider applying for patents to protect your intellectual property and to give you the competitive edge you need to remain successful.
What are Patents?
A 특허등록 is a government grant that gives its grantee the exclusive right to promote and use a certain technology or idea for a specified period of time. The exclusive right granted by a patent allows the holder to prevent others from using the patented technology or idea in a way that could harm the business. A patent is most valuable when it is broad in scope and covers a fundamental aspect of technology or an industry-changing idea. A single patent can confer economic value in excess of many million dollars.
Why are Patents Important?
The ability to patent gives a business the competitive advantage of excluding others from using their technology or idea for a limited period of time. The opportunity to apply for a patent can give an applicant the boost they need to launch their business or product successfully. Having the exclusive right to use a patented technology or idea can help a business attract customers. When a business applies for a patent, it is often described as ‘registering a patent', because the process of applying for a patent draws upon the knowledge and expertise of an experienced patent lawyer.
How do I register a Patent?
To become the legal owner of a patent, you must complete the entire patent application process, which can be a lengthy and tedious process. This process can be complicated, so it is advisable to seek the advice of a professional patent attorney to guide you through the entire process from start to finish.
The first step in the patent registration process is to determine what type of patent you need. Do you need a utility patent, design patent, plant patent, or a combination of these? A utility patent protects the invention of a new product or process, and is the most common type of patent. A design patent protects the design of a product, and plant patents protect the creation of a new plant or organism.
Once you have decided what type of patent you need, the next step is to determine the scope of the invention. The scope of the invention is the set of structures, materials, actions, or processes that constitute the invention. Additionally, you must determine the appropriate set of patents that you need to file and in which you need to file. For example, if your invention relates to the design of a new type of ballpoint pen, you will need to consider whether you need utility or design patents.
How Long Does The Patent Process Take?
The time required to complete the entire patent process will vary depending on your chosen type of patent and the number of applications you make. The average time to complete the entire process, from start to finish, is about 12 months. An inventor with a good idea and the motivation to make their idea a reality can shorten this time significantly.
If you need a utility patent, you must first file a provisional patent application, wait 4 months and then file a non-provisional utility patent. Design patents and plant patents require a separate set of proceedings and filings.
Utility patents protect the invention of a new product or process and are used when the patented invention will be capable of independent use. For example, you could patent the use of a light bulb even if the light bulb is already available in the marketplace. Design patents protect the design of a product, and plant patents protect the creation of a new plant or organism. When applying for a design patent, you must file a provisional design patent application and then a non-provisional design patent. Finally, you must prosecute the design patent through the USPTO's design patent office.
Who Needs To Apply For A Patent?
Anyone who decides to innovate and bring a new product or process to market will need to apply for a patent. If your invention is not proprietary information, and you decide to file for a patent, you must apply for a patent. This is especially important if you plan to protect your invention with a patent.
A business that decides to apply for a patent will usually have a sound business model and the financial resources to fund development of their product or service. Additionally, an applicant will usually need a legal team that is familiar with patent law and who can navigate the complex bureaucratic process of applying for a patent. An applicant may also need additional help from contract negotiators, patent advisors, or business consultants to ensure they make the right decisions at each step of the way.
Who Can I Contact For More Information?
The ideal person to contact for more information regarding patents is a patent attorney. A patent attorney can help you determine what type of patent you need, how you can protect your invention, and navigate you through the entire patent application process. Once you have registered your patent, you can contact the USPTO to determine the status of your application and obtain updated information regarding your patent. While you are entitled to one free patent search at the USPTO's website, you must pay for any updates or printed copies of the patent once it has been granted.