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Things you need to know when applying for a patent

By: David Johnson
Date Added : September 13, 2010 Views : 366
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The foremost question regarding intellectual property that comes up is why you should opt for it. Patents are no different. If you have come up with a new product or process, it is necessary to patent it. You had better talk to a patent attorney to know the details. However, here is a discussion on the crux of the matter.

What is patentable? Your invention must have the three qualities – Novelty, Non-obviousness and Industrial Application. Only if the product or process possesses these, you can apply for a patent.

Why should you patent the invention? In the highly competitive business arena, you need to make sure that you have monopoly over your invention. This, exactly, is the aim of the patent. This legal document gives the owner the rights to exclude other from –

*    Manufacture
*    Offer to sell or sell
*    License
*    Import
*    Assign

Where do you file for it? All applications must be filed at the US Patents and Trademark Office. However, this does not mean you have to visit the office. All you need to do is find an attorney specializing in this branch of law and you can file an application right from Tampa.

What is a patent document? It is the central matter of the invention. Also known as Specification, this document requires providing the following details:

1.    Background of the invention
2.    Summary of the invention
3.    Description of the invention
4.    Claims
5.    Abstract

Note: If there are drawings, you need to provide those along with a brief description of those in this document.

Who prepares this document? This is a specialized task. You need to have the scientific and legal expertise to do this job. This is why it is best done if the inventor and the attorney work together to prepare this document. The inventor has the adequate scientific knowledge to deal with the technical aspect. On the other hand, the attorney has sufficient scientific and legal knowledge to identify what claims are worth mention.

Why is legal help necessary? It is to protect the novelty of the invention, that you patent it. A Tampa patent attorney knows that you can exercise your rights only when you claim it. Even if a certain aspect has the scope of a claim, in the absence of it in the written form, you lose the right to it.

How do you choose an attorney? You need an attorney specializing in this field of law. They require a degree in law as well as in science or engineering. Along with that, these attorneys require to pass the Patent Bar Examination. Only then do they qualify as eligible patent attorneys to take up such cases.



A regular contributor to legal journals, David Johnson offers details on the laws related to intellectual property. If you require consultation with a Tampa patent attorney, for filing an application or for defending your rights, he suggests you check out http://www.addmg.com/

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