Patent registration is an oxymoron of a kind that misleads people, such as inventors, companies, and researchers who wish to protect their intellectual works. With ongoing innovation, patent facts must be brought to life. In the following arti, some of the myths contained therein are unveiled and what patent protection is all about, is explored.
What is a Patent?
Patent is a statutory right of an inventor of a new invention or process that provides a new solution to a technical issue. It provides exclusive rights to an inventor to use, sell, or license an invention for a limited time period—usually 20 years from the date of filing.
Patents
are imposed on most inventions, ranging from process and product to machinery, chemicals, and computer programs in some patenting offices. Patenting occurs when the applicant files an application to the concerned patent office, i.e., United States Patent and Trademark Office (USPTO), European Patent Office (EPO), or Japan Patent Office (JPO), and its subsequent examination on whether patent or not.
Myth 1: You Need a Working Prototype to Patent
Reality: No, you do not.
A patent application is merely a good and clear description of how the invention works, usually with diagrams or drawings. A prototype would be handy to show functionality, but not something that has to be done to get approval.
For process or software inventions, a solid written description will typically be enough. Having a prototype, though, can come in handy in case you are trying to sell an invention to potential investors or would-be business partners.
Myth 2: A Thought in Your Head Can be Protected by Simply Thinking it
Fact: No, not until you’ve had the application drawn up, passed through the exam phase, and the approval is finalized.
A concept is not legally protected. An inventor has to apply, go through examination process, and receive official approval before they are granted a patent right.
Also, patents are territorial, i.e., they can only be valid in the countries where they are applied. In order to be protected in more than one country, you will have to make a number of applications or use systems worldwide in nature like the Patent Cooperation Treaty (PCT).
Myth 3: Only Big Companies Can Get Patents
Fact: Patents are open to anybody—individually, small businesses, and start-ups too.
Patent law is not for money but for the inventor who creates something new. The big companies can spend more on obtaining a few patents or even going to court, but the small businessman and individual inventor can have it too.
Even countries have lower rates to file and aid programs for the smaller applicant who wants to make it more affordable.
Myth 4: A Patent Prevents Everyone Else from Utilizing Your Invention
Reality: A patent grants exclusive rights, but only temporarily.
A patent inhibits other people from producing, using, selling, or deriving profit from your invention without your consent, but for a short time. After 20 years have passed, the invention becomes public, and anyone is free to make use of it with no conditions.
And a patent will not prevent others from infringing—you have to actively police and enforce your rights in court if necessary.
Myth 5: Owning a Patent Assures Commercial Success
Reality: A patent protects, but success is in the marketplace.
A patent will prevent others from legally infringing, but it will not ensure that your product succeeds. Marketplace demand, competition, and business planning all play enormous roles in success.
The majority of inventors need money, licensing, or partnership to sell their patented invention as a product in the market. A patent is an asset. It’s half the equation.
Myth 6: The Patent Process is Quick and Easy
Reality: Months or years.
Patenting takes time. Depending on the country and invention, approval would take from some months to several years.
The process typically includes:
Preparing the long application
It being challenged
Dealing with objections or requests for change
More effort in world patents, hence even more powerful.
Myth 7: You Can Patent an Invention Just Once
Fact: Refinements and changes are patentable too.
If the inventor comes up with a revolutionary improvement over a leading invention, the inventor can apply for a new patent to cover the improvement.
There are subsequent patents, which grant inventors the right of altering or modifying their initial claims within specified time frames, subject to the condition that the modifications are below the threshold of patentability.
Myth 8: There Is One Patent That Covers Every Facet of an Invention
Reality: Individual parts of an invention can be covered by different patents.
A single patent addresses just one aspect of an invention. If there are a number of unrelated aspects of an invention, then the inventor will need multiple patents.
For example, a new smartphone can have:
A utility patent (for how it works)
A design patent (for appearance)
A method patent (for functionality)
Having multiple patents can provide additional protection, especially for complicated technologies.
Patent application is an important intellectual property protection tool but susceptible to being misinterpreted. De-mythification of fact and myth benefits inventors and companies by informing them on the best way to make an informed choice in protecting their inventions.
While it is a slow and time-consuming process, proper planning, consulting lawyers, and knowledge of patent law will help you navigate it successfully. If you’re creating a new product, it’s always best to plan for how protection through patents can benefit you.
In addition to the myths and realities outlined above, it’s also crucial to highlight the importance of patent strategy and the role of patent professionals. While patent protection is essential, it’s just one piece of the puzzle in securing an invention’s long-term success. Patent professionals, such as patent attorneys or agents, can help inventors navigate the complex legal landscape, ensuring that all necessary steps are taken to protect intellectual property effectively.
Moreover, maintaining a patent requires ongoing responsibility. Once a patent is granted, the inventor must pay periodic maintenance fees to keep the rights intact. Failure to do so can lead to the expiration of the patent, rendering the invention vulnerable to competition. This is another aspect of patenting that many individuals overlook in the excitement of securing an exclusive right.
Lastly, it’s worth considering the importance of international patent protection. In today’s global marketplace, it is essential to understand how patents work in different regions, especially if you plan to expand beyond your home country. Utilizing systems like the Patent Cooperation Treaty (PCT) allows inventors to streamline their international applications, saving time and money while broadening the scope of protection.
understanding the true process and value of patents is essential for anyone looking to protect their inventions. With proper planning, legal counsel, and a strategic approach, patent protection can be a powerful tool for ensuring your intellectual property is safeguarded and that your invention stands out in the marketplace.
Author: Pritha Khanna, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.
REFERENCES:
- PATENTS-MYTHS AND REALITY BY VANDANA SHIVA
- INDIAN PATENT LAW AND PRACTICE – BY K.C. KANKANALA
- UNDERSTANDING PATENT LAW- BY VISHNU S. WARRIER.