A global patent protects innovative features of a new machine or a new product by process claims and product claims. The novel and inventive features of a new product or a new machine therefore require thorough drafting of the patent application. Once the patent application is drafted, the patent filing procedure can be initiated. Filing a patent application is a complex process that begins with the filing of a patent application. It requires a detailed description of the invention, technical drawings, and a set of patent claims. These documents should clearly describe the invention, focus on new features, and provide an enabling discourse. The date on which the patent application is filed is called the priority date. It is the date at which the patent application will be judged as “novel and inventive.”
Upon receipt of the patent application by the patent office, the applicant must request patent examination. The patent examination will not take place automatically; the applicant must request it. During this time, the patent examiner will examine the application for novelty, non-obviousness, inventive step, and industrial applicability. This patent examination can be expedited if the applicant needs a faster result. However, it is important to note that the examiner can issue a written report if there is a substantial risk of rejection. A patent may be granted or rejected after several rounds of examination, once the patent applicant complies with the objections contained in the patent examination report.
There are various examples that disclose how new features of a machine can be patented. For example, international patent application WO/2022/043510 titled Machine-enabled farming is about the field of precision farming, for example on fields, to solve a need to adapt farming operations according to the current conditions. The corresponding patent claims disclose a method having various steps for determining the acceptability of parameters related to the agricultural machine and/or to the farming operation based on field specific data. Accordingly, patents for machine can be drafted to cover the new features by way of method and system claims.
At the beginning of the patent drafting process for a new product, a patent attorney will have you fill up an invention disclosure document. Because of this, inventors are able to communicate the details regarding their innovation to the patent attorney in sufficient depth for them to cover the new ideas behind the new product. The patent attorney usually starts drafting the patent application at this point, beginning with the patent claims that are aimed at covering all the new aspects.
As soon as the scope of the invention has been accurately captured in the first set of patent claims by the patent attorney, the inventor can assist in further expanding the scope of the patent claims. In some cases, the photos will illustrate previously existing innovations so that a clear distinction may be drawn between the things in question and the innovation for which you are seeking patent protection.
There are several benefits of patent filing for new machines. For starters, filing a patent allows the owner of the invention to sell it and raise its price. If there is no market for your invention, a patent will be worthless. Additionally, patents help you attract investment for the development of your product. The best part about a patent is that it can be used for a decade or more.
As an inventor, one of the major benefits of filing a patent is the exclusivity. The patent gives the inventor exclusive rights to their creation for a set period of time. This helps prevent competitors from using your idea, which can be beneficial and profitable. However, you will lose this exclusivity once other people start using your product. Therefore, it is essential to plan for the process to ensure success. You can start by researching your market and related work to know whether your idea is unique and will be valuable.
Another benefit of obtaining a patent is that it levels the playing field against large companies. Most large corporations have many advantages over small companies, including access to funding, distribution channels, and marketing expertise. Therefore, if you were to launch a similar product to a large company, you would likely face fierce competition and lose market share. Thus, it is important to file a patent as soon as possible. However, this protection does not last forever and is only valuable if your product has a large market demand.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
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