Different Types of Intellectual Property Rights for Inventors

Patents and intellectual property rights is a very interesting field to work in. Some of the most common questions in the mind of a new inventor is what is patent?, what is Trademark and copyright? Patent, trademark and copyright all these are the forms of intellectual property rights. Intellectual property is your asset and you have to win patent, trademark or copyright rights so earn any benefit from this. Field of patents is for smart people. To win an intellectual property rights for your invention, product etc you have to be different from other inventors.

Different Types of Intellectual Property Rights:

Patents: Inventors can apply for patent rights for their inventions, designs, utility designs and on an existing invention which has been improved. Basically patents rights are for inventions or things which have some purpose. Patents are not for things which have exclusive names or ideas. Patent Search and patent drafting are very crucial parts of Patent process.

Trademark: Trademarks are for symbols, signs, names, images and devices which represent your brand, products or services. Trademarks are basically used to represent a brand name, product or services. If you win trademark rights for a logo or sign then no one else on this earth can use that without your permission. You just have to register trademark for your products name and it will be your property if someone else is not the owner of that asset. For example you can win trademark for your organization's name and logo.

Copyrights: Copyrights is to protect your assets in music, literature and artistic work. For example an artist can claim copyright for his/her paintings or writings. Once the copyright has been awarded to the artist, no other person can claim those arts or writings.

A person can use all three parts of intellectual property rights i.e patents, trademark and copyright. For example, suppose you have invented a water filter which assures 100% pure water. Then you can file patent for that invention. File trademark for the name of the water filter and claim copyright for the instruction manual associated with the product.

Patent filing, patent drafting and trademark filing are not easy tasks. Copyright filing is a bit easier. Most of the inventors take help from Patent firms. If you are willing to file a patent application for your invention then it is advisable to take help from a registered patent attorney. Even there are lots of patent firms available in the market. It is advisable to work with them after doing proper research of their reputation.

A Brief Introduction to the Process of Patent Drafting

What is patent and when it is required:

The growth and success of any business depends upon new inventions and discoveries.  Any new invention is a confidential and important product of a company and hence needs to be protected to avoid being misused and imitated. This protection can be obtained through a Patent.  A Patent is a legal process where certain exclusive rights are granted by the National Government for a stipulated period  in exchange of public disclosure of the new invention by a patentee.

What is important to understand before Patent Filing:

The considerable point is that the inventor should not opt for Patent till he has weighed his stimulus and has felt the need of it.  Not to view the whole invention but only specific details and patent coverage on broader aspect. To be patentable, an invention must adhere to the scope of patentable subject material as defined by the patent statute. The invention must be in proper relation with a machine, article or substance produced by manufacture, or the process of manufacture of a machine  or article.

The steps involved in filing a patent:

1. Gather all the relevant information .
2. Obtain non disclosure agreement.
3. Fill the invention disclosure form.
4. Patentability analysis to be carried out by an expert/analyst.
5. Analyst will draft the patent application .
6. The patent draft will contain Title, description, Summary, Prior art Background, Patent Drawings,
7. Detailed description of Invention and Claims.
8. Patent applications should be reviewed in all technical and legal perspective. Never file patent applications in a hurry as it may cause mistakes.
9. After all this, it is recommendable to file provisional patent applications.

Imp : The application must meet USPTO requirement:

Drafting Patent Claims:

Drafting patent claims is the most difficult part that requires the professional and legal skills. For this reason, many inventors seek help from a Patent Attorney or Agent to help draft their patent claims.

1. The patent claims will determine whether or not infringement has ever occurred on your invention.
2. There is a specific language used to draft patent claims, which supports the purpose stated in the claims.
3. While drafting a patent claim for an invention, the broad claims are written first and are narrowed down in scope by additional claims similar to an outline format.
4. Patent claims must be written in sentence format with an introduction, followed by body with both the pieces joined with a link.

Importance of Patent Search for Invention

Patent search is a very crucial for your invention to win patent right. Patent search is done when a inventor has an invention and the person thinks that the invention is exclusive. But some time inventions can’t pass the initial search done by patent attorney as the invention has been already patented. So to avoid such mis-happening it is advisable to perform proper patent search for your invention.

There is a conflict in thought about patent search. Some people think that the inventor is the best researcher for the invention as he/she knows all the loop holes and effectiveness of the invention. Naturally this is true but an inventor is not familiar with the tricks and techniques of patent field. Sometimes if your invention is not good enough to clear patent office certification, then probably a thorough research can win you patent rights. Most of the inventors handover their inventions to the patent firms so that they can work on the invention to get its patent rights.

Patent Search is basically of two types. Keyword based and Classification code based:
 
Keyword Based patent search: In keywords based patent search, a researcher works on different keywords to look for the other patents registered similar to the current invention. Also the searcher looks for the keywords on the internet for which the invention can be registered to win patent rights. This is generally performed for all the inventions and most of the patent firms use this technique for patent search.

Classification code based patent search: This form of search is done with the help of patent databases. Patents are classified into various classification codes depending upon their registration. This form of patent search is for very precise and accurate searching. You have to be familiar with the databases to perform the search.

Patent Search has an advantage that, it increases the chances of your invention getting through the patent office barriers. Patent attorneys in the patent office try their best to stop the invention. So your invention should be exclusive and to make that exclusive you need a good patent search for your invention.