Patent Faq
Important Patent FAQ Answered
Patent is the way the world of inventions is going. And an often put patent FAQ is: how do I get a patent? Why worry about the protection before you have something to be protected. Inventors these days start worrying about protecting their intellectual property before they even get a patentable product.
Patent is granted to such inventions that are distinctive and are not imitations of existing products. Most of the improvements are also disregarded. Therefore, you must first analyze if your product deserves a patent. You can always market your product without getting the technology patented provided, of course, that it does not violate anybody else's patent or some other intellectual property rights law.
But if you strongly feel that your product is worthy of patent, make sure that you conduct your research regarding the distinctiveness of your product thoroughly and comprehensively. It is better if you have a clear idea of whether or not you are going to get the patent. You should be the first person to know the fate of your patent application, if and when you submit it.
Remember, if you have improved a previously existent product, the improvement should be such that it stands independent of the existent product and improves its functioning or looks to the extent of making it work or look like as it could not have without your invention. The patent pertaining to the look of the product is called design patent.
Designs of the cover stand independent of the product, like the design of soft drink bottles. The bottles might have cola or anything of any brand, the design of the bottle remains independent of what is contained in the bottle. It does not make cola taste better though it enhances its packaging without affecting it in any manner. The design, thus, is patentable.
So, if your product can claim that kind of distinctiveness, the patent office would welcome your application with open arms. However, if your product does not satisfy the requirement of distinctiveness, you application would go straight into the dustbin, figuratively speaking.
Therefore, conduct the research in this regard with utmost diligence. You may then talk to your patent attorney, who would be able to offer valuable advice to you regarding the patentability of your product. This is an expert advice, so do pay due attention to it.
Once you have got the patent, it is not the end. You have to fiercely defend your rights because infringements might occur. Don't worry about that though because the one who infringes has to pay the entire litigation cost to the one whose right is infringed. Remember, the other often put patent FAQ is: how do I defend my patent? Well, defend it by keeping yourself aware and acting promptly.
