Patent-is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.
Copyright-the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
Trademark-a symbol, word, or words legally registered or established by use as representing a company or product.
-Stages to Potent an Invention-
Stage 1- Beginning the process:
-Your patent attorney must provide documentation consisting of:
Stage 2-Filing date and initial examination:
-If your documentation appears correct, your application is given a filing date - also known as your priority date. After filing there is a formalities examination to ensure that your documentation is correct and complete.At any time in the next 12 months you can file for patent protection in other countries and have those later filings treated as if they had been filed on your priority date. In practice, this gives you a year to decide how many countries you wish to include in your patent protection.
Stage 3- Search:
-A search report is sent to you, listing and including copies of all prior art documents found by an experienced examiner and regarded as relevant to your invention. The search is based mainly on your claims for novelty, but your description and any drawings will also be taken into account. The report will often include an initial opinion on the patentability of your invention.
Stage 4-Publication:
-Your application is published 18 months after the filing date. Your invention will appear in databases accessible to other people around the world. It will act as prior art against any future patent applications from other inventors or companies for similar inventions.You then have six further months to make two decisions:
Stage 5-Substantive examination:
-If you request substantive examination, the EPO has to decide whether your invention and your application meet the requirements of the European Patent Convention. For maximum objectivity there are usually three EPO examiners, one of whom maintains contact with your patent attorney. This stage will often involve dialogue between the examiners and your patent attorney, which may result in the re-drafting of key parts of your application. Your patent attorney will defend your application, and this is one more reason why it is essential to have professional representation.
Stage 6-Decision to grant a patent:
-If the examiners decide to grant a patent, and all fees have been paid and any claims translations filed, the decision is reported in the European Patent Bulletin. The decision to grant takes effect on the date of publication.
Stage 7- Validation:
-What you have now got is a ‘bundle' of individual national patents. After the EPO decision to grant is published, your patent has to be validated in each designated state within a specific time limit. If this is not done, your patent may not be enforceable in that state. In some states, validation may include having to file (and pay for) a translation of the whole patent, or just a translation of the granted claims.
Stage 8-Opposition:
-A granted patent may be opposed by third parties - usually the applicant's competitors - if they believe it should not have been granted. After the grant is reported in the European Patent Bulletin they have nine months in which to file notice of opposition. The most common charge is that the invention is not novel or lacks an inventive step. The case will be examined by an EPO team, again of three examiners.
-Opposition is the last chance to attack a European patent as a single entity in a single forum. Later, the patent can only be challenged in national courts and a ruling in one country has no effect on the patents for the same invention in other countries. This gives competitors a strong incentive to challenge an invention during the opposition period, as challenging patents in separate national courts can be much more expensive.
Stage 9-Appeal:
-All EPO decisions are open to appeal. Responsibility for decisions on appeals is taken by independent boards of appeal.
Copyright-the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
Trademark-a symbol, word, or words legally registered or established by use as representing a company or product.
-Stages to Potent an Invention-
Stage 1- Beginning the process:
-Your patent attorney must provide documentation consisting of:
- A request for a patent.
- Details of the applicant (you).
- A description of the invention.
- Claims.
- Drawings (if any).
- An abstract.
Stage 2-Filing date and initial examination:
-If your documentation appears correct, your application is given a filing date - also known as your priority date. After filing there is a formalities examination to ensure that your documentation is correct and complete.At any time in the next 12 months you can file for patent protection in other countries and have those later filings treated as if they had been filed on your priority date. In practice, this gives you a year to decide how many countries you wish to include in your patent protection.
Stage 3- Search:
-A search report is sent to you, listing and including copies of all prior art documents found by an experienced examiner and regarded as relevant to your invention. The search is based mainly on your claims for novelty, but your description and any drawings will also be taken into account. The report will often include an initial opinion on the patentability of your invention.
Stage 4-Publication:
-Your application is published 18 months after the filing date. Your invention will appear in databases accessible to other people around the world. It will act as prior art against any future patent applications from other inventors or companies for similar inventions.You then have six further months to make two decisions:
- Do you want to continue with your application? You indicate ‘yes' by requesting a more thorough (‘substantive') examination.
- Which countries do you want to include (‘designate') in your patent protection? Designation fees must be paid.
Stage 5-Substantive examination:
-If you request substantive examination, the EPO has to decide whether your invention and your application meet the requirements of the European Patent Convention. For maximum objectivity there are usually three EPO examiners, one of whom maintains contact with your patent attorney. This stage will often involve dialogue between the examiners and your patent attorney, which may result in the re-drafting of key parts of your application. Your patent attorney will defend your application, and this is one more reason why it is essential to have professional representation.
Stage 6-Decision to grant a patent:
-If the examiners decide to grant a patent, and all fees have been paid and any claims translations filed, the decision is reported in the European Patent Bulletin. The decision to grant takes effect on the date of publication.
Stage 7- Validation:
-What you have now got is a ‘bundle' of individual national patents. After the EPO decision to grant is published, your patent has to be validated in each designated state within a specific time limit. If this is not done, your patent may not be enforceable in that state. In some states, validation may include having to file (and pay for) a translation of the whole patent, or just a translation of the granted claims.
Stage 8-Opposition:
-A granted patent may be opposed by third parties - usually the applicant's competitors - if they believe it should not have been granted. After the grant is reported in the European Patent Bulletin they have nine months in which to file notice of opposition. The most common charge is that the invention is not novel or lacks an inventive step. The case will be examined by an EPO team, again of three examiners.
-Opposition is the last chance to attack a European patent as a single entity in a single forum. Later, the patent can only be challenged in national courts and a ruling in one country has no effect on the patents for the same invention in other countries. This gives competitors a strong incentive to challenge an invention during the opposition period, as challenging patents in separate national courts can be much more expensive.
Stage 9-Appeal:
-All EPO decisions are open to appeal. Responsibility for decisions on appeals is taken by independent boards of appeal.