What is PATENT FILING ?
Patent filing involves preparation of all forms and documents in accordance with the rules of a particular jurisdiction and filing the same with relevant patent office. Filing of a patent application encompasses a lot of things like formatting of specification, claims and drawings, selecting correct forms and putting correct entries therein. Our services under this head involves preparation of such necessary documents and filing the application with Government’s Patent Office. Patent filing is thus also a technical process and it is always recommended to get professional help for the same.
OUR PATENT FILING SERVICES
Non-Provisional Patent Application: USD 175+Govt.Fee*
Get your patent application filed with the USPTO afresh or within 12 months of filing provisional application with our professional assistance.
PATENT FILING Service
FAQs on PATENT FILING
Patent can be filed manually or it can also be filed online. However, online filing is much easier than going to the registry and filing it as not every state of the country has the Trademark and Patent registry. Charges may sometimes vary for online and manual filing.
Filing of the patent Application is the first step of Patent Registration process. It basically refers to submission of patent application in documented form before the Patent examiner.
Patent filing is to be done at the respective Trademark and Patent Registry. Every country has its own trademark and patent registry. Depending on the address of the applicant where he resides, has his domicile, or has a place of business or the place from where invention actually originated, the appropriate office is determined.
For a patent to be filed before a Trademark and Patent Registry, it has to be filed with documents explaining the patented invention in details i.e. either Provisional or Non-provisional/Complete Specification, and with other required information. A patent can be filed by the true and first inventor or his assignee or can be filed by virtue of assignment of the right to apply for a patent for that particular invention. This filing can be done by filing individually or jointly with any other person.
It is difficult to tell specific time period because it normally depends upon the respective Trademark and Patent Registry and the pending applications before it. But the usual minimum time period is one year. The Patent application is examined only after receipt of the request of examination is made by the applicant or any other interested person. Some countries may have provision for making a request for early publication. The inventor can file a form in prescribed manner with the prescribed fees for early grant of patent.
Yes, there can be oppositions while the patent Application is in process. There can be pre-grant opposition and post-grant opposition. While the Patent is in process for getting registered any third party can file opposition. The controller is the deciding authority and any oppositions made after the grant of the patent can be appealed.
Once you file a patent Application, the patent application may be accepted or rejected. If Controller feels that some claims do not fulfil the statutory requirements and are needed to be amended, he may raise office actions requesting such amendments.
Protection period for the Patent starts when the Patent is applied for registration. Usually, a person can only file a suit for infringement after he has been granted the patent protection, but patentee has privileges as if the patent was granted on the date of publication of the application. While suing for infringement, the Patentee can also sue backdate and claim damages from the date of application or date of infringement whichever is later. It is advisable therefor to file a patent as early as possible, as the process for grant of Patent is long and a tedious one, and it is better to file early so that you can get protection as early as possible.
Once the Patentee is ready with the complete detail of the invention, the international application can be filed with Receiving Offices (those can be national or regional patent offices or the International bureau). The same offices transmits the said application to WIPO (World Intellectual Property Organization) and International Authorities such as ISA, SISA, IPEA. Those authorities carry out a search, prepare a written opinion and transmit the same report to WIPO. WIPO then publishes a repost on Patent scope and communicates the same to Designated Offices (those are national and/or regional patent offices) which accordingly grants the patent and the inventor gets protection in those countries where he wants protection.
Yes, similar to other Intellectual Property forms, Patents are also territorial in nature and thus, is only protected in respective countries. However, based on the protection granted in the respective countries, the inventor can file corresponding application for same invention in conventional countries, within a specific time period prescribed by the respective county. Separate Patent Application should be filed in each separate country where the applicant requires protection of his invention in those countries. But the Patent is not valid worldwide.
When a Patent is before the respective registry for examination, it is normally ‘Patent Applied’ or ‘Patent Pending’ unless the patent has not been granted, rejected, abandoned or withdrawn. Using any of these words without authorization may lead to fine. The status ‘Patent Pending’ or ‘Patent Applied’ does not give you any exclusive rights to stop anybody from selling, copying or using your invention during this period. It just tells the world that you have reserved a patent claim and are waiting for it to get issued.
Advantages of PATENT FILING
WHY YOU CHOOSE US ?
Undaunted Passion for the Discipline
The basic source of our team’s strength and commitment lies in our dedication towards the discipline. Almost all of our team members exclusively have specialized in the field of Intellectual Property Rights and are passionate to deliver their best in terms of services.
Young Team of Professionals
Our team comprises of a group of skilled and young professionals who are capable of handling several tasks in an impeccable manner. Our young team of professionals specializes in the discipline of Intellectual Property Rights and has been delivering time bound results without compromising with the quality of the work. Our ambitions are driven by the idea of success which we believe rests in our client’s level of satisfaction with our work.
Global Network of Clients
Our client base has no geographical boundaries. For the last three years, we have been working with clients based in the regions like North America, South America, Australia, Europe and several South Asian Nations. Our global reach established via international networking in such a short period of time is purely a result of high level commitment towards our work and client satisfaction which we have garnered through the quality of our work.
Lex Protector helped us file several trademarks and copyright. They were easy to reach, always available and were quick to understand the legal requirements of our business. Recommended!
Great work as always for Trademark Search from Lex Protector.
Professional, great communicators, great results. Would not hesitate to use firm’s services for trademark registration again. Thanks!