subject: Use An Ip Lawyer To Ensure Your Patent Is Correctly Filed [print this page] If you have come up with a new invention, or a technical development that you wish to protect from being copied by others, then a patent may well be the best route to take.
But there are a number of key steps that need to be followed, in order to ensure the patent is correctly filed, and the product or process is correctly described, in order to afford maximum protection in a court of law. Using and retaining an IP lawyer at the outset could prove to pay dividends when the patent is granted and you are protected.
To begin with the invention or technical development should be described in detail, but it should only refer to one item in particular or if it does refer to a succession of items they should together make a whole. The description used must explain the way in which the process works or the product is used and must be quite detailed. Once lodged, the patent application must be published for public inspection in a suitable official journal; there is an independent process by which people can make an objection and certain grounds by which they can do so.
Once lodged, a patent application goes through three stages: examination as to form, search, and examination as to substance. Many aspects of the patent run from the filing date, hence the often used phrase "patent applied for" on new products, which give any would-be copiers the clear warning that here is a product likely to have full legal protection before too long; technically, this is called the "right of priority".
The application as to form will check that all descriptions and other technical representations are correct. A search is then carried out to ensure that the patent application does not cross over into other, existing patents or registered products or processes - in other words checking that this is an original idea. The final stage ensures that the description is the best it can be for the task, and at this point there may be recommendations to amend the description to provide better protection, or to prevent any confusion with another, similar but different patent already registered.
If you retain a specialised IP lawyer you should be able to move through all three of these processes without any hold ups and proceed to the important position of the patent being granted - surely a decisive moment for anyone who has developed a great new idea.
by: Tim Bishop
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