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What Is Patent Pending?
As a designation of the inventor's intent to grant exclusive rights to use, selling a patent, or license a product, the phrase patent pending is displayed on the product. Provisional patents are filed with the United States Patent and Trademark Office (USPTO). The patent-pending notice warns possible copycats that if and when the patent is approved, they could be sued for copying the idea. As a result, any later application to patent a substantially identical idea would have priority over the newly filed patent application. A patent is usually granted for a process or design that is unique. Example of Patent Pending Near-identical inventions can be granted patent pending status repeatedly before a patent is awarded and the invention goes to market, if ever. A new product idea has been developed by an entrepreneur named Joe. After conducting a patent search, he finds that a nearly identical invention has already received a provisional patent. The provisional patent has not been renewed a year later, according to Joe's search in the patent database. A provisional patent is filed immediately after he hires a patent attorney. A prototype of Joe's new product is manufactured after he files for a provisional patent and is marketed with a patent pending sticker. However, Joe discovers that mass-manufacturing this product requires too many regulatory and capital improvements after the product hits the market. It is abandoned after a year, and Joe's idea is made available again. Patent Pending Status: How to File Applicants for provisional patents file documents with the Patent Office with the U.S. Patent Office and establish a priority filing date. A full application must be filed within one year after the expiration date. While the inventor is deciding whether to patent services for the product or process, he can attach the patent-pending label to it. Patent Pending Infringement Inventors have little control over copycats while their ideas are patent-pending. The inventor, however, is entitled to take legal action upon approval of the patent company. Penalties may also be imposed for violations that occur after a patent is granted. As of that date, a provisional patent application had been filed. Unintentional and Willful Infringement Unintentional patent infringement is distinguished from willful infringement under U.S. law. Inventors or entrepreneurs may not realize that someone else holds a patent on a similar product or process when they launch a product or service without realizing it. Someone or the patent company willfully infringes a patent when they drop a copy of the patented idea on the market. If the patent is unintentionally violated, the penalties are also about the same as if the violator had licensed the use of the patent. Triple damages can be awarded to the patent holder if a willful infringement is proven The Global Complication Patent holders are responsible for identifying and pursuing patent violations. On a global scale, that becomes nearly impossible. Say an American invented and patented a unique method to make calorie-free apple pie. Once that idea is stolen, it is transformed into a local sensation in Laos, Finland, or Azerbaijan. Patent Pending Status: How Much Does It Cost? Provisional patent applications at the US patent services can cost as little as $130, but they don't reflect the true cost of obtaining a patent.8 Provisional patent applications and complete patent applications cost substantially different amounts. For a utility patent application, a patent attorney may charge $10,000 or more, and for a design patent, a patent attorney may charge $2,000 or less. Documentation requirements differ in complexity. Drawings that demonstrate the invention are required with utility patent applications, preferably created by a skilled draftsman. To ensure that the idea hasn't already been patented, the patent attorney must search patent databases. What Does "Patent Pending" Mean? Pending patent meaning is as soon as your provisional patent application is filed with the USPTO and dated, you should add the term "patent pending" to your product or process. Using that designation without seeking an extension is possible for up to one year.
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Getting an idea is a very first step in bringing revolution. You develop or create things by getting an idea of it however if that idea only gets stolen someone else will take the credit for it and might also build capital with it.
This is something that no one will ever want to happen to them. That is why things like intellectual property, patents, and trademarks got introduced in the world —- to protect invention and invention ideas. Let’s talk about patents. The patent is a legal issuing of ownership rights of an invention to the person who has applied for it. The patent is to protect invention ideas and concepts. Although, securing your intellectual assets is the most vital step in protecting and thus it's a wise decision to patent your idea. Now, if you are wondering how to protect your ideas with a patent, read the article till the end for quick tips. 5 Quick Tips To Protect Ideas With a PatentTo start with, the entire procedure of submitting and getting a patent is quite lengthy and complex. But it has its significance as well. The power that a patent gives you are: ● A patent protects an idea so that no one else can claim ownership of the product. ● If an infringement occurs, you can take help from the legal authorities to avoid any problems that can happen to protect your invention idea from getting stolen. ● It gives you the freedom to construct and commercialise the product. ● Your invention will acquire a higher marketplace Let’s continue with quick tips to know how to patent an idea: 1. Find Out If Your Idea is Eligible To Be Patented or NotIn order to protect your idea through a patent, you have to consider three certain conditions. These conditions are: - Novelty - Innovation - Commercial applicability Your invention should showcase a new feature or function that is unknown within the literature frame. So that a general individual with competency in that particular subject should not be capable to deduce it easily. Moreover, by submitting the patent, you have to describe it in enough detail so that the individual with a usual skill set can’t replace it. Also, the idea to b patented should have a commercial application as well. 2. Do Thorough Patent Research Before Submitting the Patent ApplicationBefore patenting your idea you have to make certain that the invention you are performing is no longer been done or published in any way. You can confirm this through an exhaustive patent search. Are you thinking, about how to research a patent idea? You can: ● Search via valid databases consisting of WIPO. ● Go through a complete patent using the keywords, phrases, inventor names, etc., by using Google’s patent search. ● You can also seek professional storage from useful patent and trademark resources. ● You can carry out research inside magazine articles by yourself. 3. Collect all the Data and Make a Workable PrototypeTo safeguard your idea with a patent, you need to have documentation or a feasible prototype of your invention at the earliest stage. It is possible that other inventors might be operating on a comparable product, but you don't have to show the chronology of your invention. This way your idea can be protected with a patent. A daily journal, sketches, photographs, and videos can be a way to memorialize your entire invention process. Digital documents will assist you in setting up a claim for your invention. 4. Get Signed the IP Agreements and the Confidentiality agreements Before going to a patent attorney or a patent providing company in the USA, you should not release any record publicly related to your innovation. Because public disclosure triggers diverse legalities through which the rights can be irrevocably lost. You should have written documentation that is signed by witnesses. 5. Prepare Yourself for Provisional and International Patent ApplicationsYou can apply for a provisional patent application to defend your invention idea fast and for less money. A provisional patent will protect your rights for one year meanwhile you can collect the materials and economic assets to document your non-provisional application. The term “patent pending” means your invention is provisionally patented. However, you will need a global patent to defend your idea entirely. |
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January 2024
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