intellectual-property-protection

Thursday, 13 September 2012

An overview of patenting procedure, Filing a Patent Application


As and when you file a patent application, the initial message that you receive from American Patent and Trademark Office will be a form of acceptance of the application. If you are Filing a Patent Application on the internet, then you will get an electronic acceptance. If it is done through mail, then you get an acknowledgment through a stamp on a postcard you incorporated or a filing receipt.    

All these acceptance methods will help in listing your filing date, serial number of your application, and title of your invention, imagining that you have met the requisites to receive a filing date. There are various situations when USPTO will say no for granting a serial number and a filing date. If you have successfully fulfilled all the needed requirements of filing a date but somehow have missed out some of the necessities which might not influence you eligibility of receiving a filing date, USPTO may send you a notice to file the missing parts. You will be given a time of three months in order to provide the missing parts. For example, if you were not able to include a declaration of inventorship, you have to provide the missing parts in the given time period. Otherwise, the application will be discarded. 

So, hopefully this article has helped in being familiar with the whole concept of Filing a Patent Application.


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Tuesday, 21 August 2012

Conduct Prosecution of Patent

Prosecution of patent comprise of bewilder process of reacting to various office actions which are allotted by patent office. This comprises of various efforts, which are most of the times are time consuming, to assess the prior art and planning appropriate reactions to be filed within a given time period. This kind of work is significantly onerous and it is not fiscally worthwhile as well. The average cost for the filing and preparing of this kind of responsive is around four thousand dollars. The demise of American market has not reduced the circumstances and American attorneys are morally compelled to undertake these unfulfilling cases.

The outsourcing of patent prosecution work to nations like India have permitted the attorneys of America to focus on more rewarding features of patent work like litigation and drafting. Various attorneys and engineers located in countries like India are proficient of drafting credible responses to such office actions and it has significantly decreased the load from the American attorneys. Most of the time, it had the view point that the quality of the work in such countries are not of considerable standards.

However, just like other businesses, the company really matters when it comes to the quality of the products. The selection for an expert outsourcing company really matters a lot. There are various companies which specialize in Prosecution of Patent. The employees of such companies have degrees from some of the well-known universities and colleges. The patent engineers employed in such companies have attended various conferences and seminars in America. Some of the famous seminars are - Complying with U.S. Export Controls by US Bureau of Industry and Security, Drafting Winning Patents by Patent Resources Group, Patent Prosecution Boot Camp by AIPLA (American Intellectual Property Law Association).

The patent office actions’ outsourcing reaction in this regard is jointly useful to every concerned party. American companies relax the domestic attorneys to concentrate on litigation and sourcing of the fresh clients whereas companies of India offer a superior product ready for the submission at the patent office. This particular method of trading is immensely popular amongst the companies of America because it enjoys no drawbacks. As every detail related to the application is accessible on the official website of U.S.PTO on Public PAIR. Most of the legal Indian outsourcing companies don’t deal the client straightway but they communicate through the concerned American law company.

Make sure that you don’t confuse litigation with patent prosecution; it is certainly confusing for all those people who are not familiar with the patent language. You have to make sure that the patent prosecution lawyer is licensed in order to practice law should be licensed to practice in front of patent office.

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