Is Filing a Patent Worth It?
Identifying how your product differs from pre-existing products and services is the first step toward creating a patent. Collecting census data is crucial in determining the actual size of the product’s market. If you find out that the market is too small, investing in a costly patent makes little sense. That’s because the process is long, expensive, and complex.
Besides, most applications are rejected on the first attempt. Even if you successfully register a patent, you must meet several requirements to maintain it. It is in your best interest to consult Intellectual property and business legal services in Illinois on navigating the patent application process, primarily when your product or service serves multiple jurisdictions.
What Factors Should I Consider When Drafting a Patent Application for Multiple Jurisdictions?
Filing patent applications based on a global perspective is becoming increasingly crucial in this globalized era. The approach helps reduce costs, but it can be risky, given the differences in patent systems and prosecution practices in various jurisdictions.
However, the task is not entirely impossible if you work with skilled patent opinion lawyers in Chicago. They understand how patent laws work and can provide legal guidance at each step based on the following crucial factors:
Type of Patent to Apply For
Patents fall into three categories:
- Utility patents: They cover new products, processes, or functionalities that improve an existing product. Utility patents last for 20 years from the first date of application.
- Design patents: You can file a design patent for a product’s radically different or improved look or feel. The patents last for 14 years
- Plant patents: They apply to the discovery and invention of new plant breeds and hold good for 20 years
Eligibility
Patent eligibility in the United States is defined by statute, which broadly provides that any new and useful process, composition of matter, manufacture, machine, or any unique improvement thereof can be patented.
However, the law also recognizes some limits to this definition, including natural phenomena, laws of nature, and abstract ideas as legal exceptions to patent application. The exception is based on the fact that these elements consist of the fundamental tools of scientific and technological work.
Before filing a patent application, let experienced patent opinion attorneys in Chicago review if your patent meets eligibility requirements. They can also help you determine if your product is a novelty, implying it is not publicly known and hasn’t been disclosed in a public format, such as YouTube videos, books, articles, or pending patent applications.
Patent Claim Laws
Your patent opinion attorneys in Chicago can help you comply with the claim-related laws in various jurisdictions. The number and type of claims related to your patent varies with jurisdictions. For example, the United States Patent and Trademark Office (USPTO) allows up to 20 claims without extra charges.
There is also an extra upfront fee of $820 for adding multiple dependent claims. These are considered unique claims in the United States patent system. In contrast, the European Patent Office allows up to 15 claims without additional costs. It also counts multiple-dependent claims as a single claim and doesn’t charge upfront fees for adding multiple-dependent claims.
Grace Period
You should file your patent application before disclosing your innovation to the public. The aim is to prevent the disclosure from becoming “prior art.” Patent examiners will consider the revelation in examining the novelty and inventive step.
However, various jurisdictions allow a grace period to inventors for leniency purposes. In the United States and South Korea, the grace period is one year, meaning the disclosure to the public won’t be considered if the applicant files a patent application within one year of exposure. The grace period preserves the novelty of the claimed invention.
China permits a grace period of six months, and it is only available under limited circumstances. The Chinese government strictly scrutinizes the application. The EPO also offers a six-month grace period, but you can only disclose the invention at specific recognized exhibitions. It would help to keep your innovation private if you wish to enjoy global patent application protection.
When Should I File for a Patent?
Chicago patent opinion lawyers advise filing a patent as soon as possible after the invention of a novelty. That’s because patents are not granted to the person who innovates but the one who applies for the patent first. So, if you come up with a great product, be prepared to file quickly, even before talking to potential investors or while you explore the commercial prospects.
Filing early enough has the advantage of one-year protection for your product and an early provisional filing date. Consult your patent lawyers on ways to protect your patent from infringing, keeping in mind that a patent is only good as long as no one copies it.
What if My Application is Rejected?
Typically, the patent office where you file your application should give you feedback regarding your application’s status within 18 months. If your patent application is denied, you can file an appeal against the decision within three months with the help of intellectual property and business legal services in Illinois.
During your appeal, you can edit your application or amend your claims. The patent authorities allow you two attempts before issuing the final verdict.
An Experienced Patent Opinion Lawyer Helping You Navigate Complex Patent Laws
The patent process is lengthy and complex, especially when navigating multiple jurisdictions. Working with patent attorneys or agents can make it easier since they understand the laws surrounding the process and USPTO procedures. Their knowledge of the scientific and technical matters involved with inventions is also helpful in your application.
AU LLC is an intellectual property and business legal service in Illinois. We have skilled patent lawyers who assist clients with cases related to patents, trademarks, and copyrights. We work diligently to seek justice for those whose patent rights have been infringed and seek to protect their intellectual property. Whatever intellectual property issue you have, call us at for a case assessment.