In the USPTO transaction history, a “PG-Pub Issue Notification” is not a notification of when the patent will be issued. It is a notification of the issuance of a pre-grant (PG) publication (Pub) of an application. It indicates the scheduled publication number and publication date.
An “Issue Notification,” in contrast, includes the scheduled date of grant of the patent as well as the patent number.
It would be less confusing if the USPTO did not include the word “Issue” in the notification of the publication of the application.
Nope, “silly” isn’t something patent examiners look for. Behold, US6293874B1. Allow me to direct your attention to FIG. 5:
Yes, the point of this invention appears to be to enable someone to kick their own ass.
For the record, there’s plenty of prior art. Here’s one going back to the year 1900:
If these didn’t get silliness rejections, I don’t know what would.
Nope, “silly” isn’t something patent examiners look for. Behold, US6293874B1. Allow me to direct your attention to FIG. 5:
Yes, the point of this invention appears to be to enable someone to kick their own ass.
For the record, there’s plenty of prior art. Here’s one going back to the year 1900:
If these didn’t get silliness rejections, I don’t know what would.
There is really no such thing as a patent pending. It is a pending patent application. At some time in the future, it becomes either an allowed patent application, then an issued patent, upon payment of the Issue Fee, or an abandoned patent application. But colloquially, figure that patent pending means that a patent application was filed, but a patent has not yet been issued. It may never be.
Of course, you don’t know what type of patent application is pending util it either is published (typically at 18 months) or issues. It could be a Provisional (utility) patent application, that is utilize
There is really no such thing as a patent pending. It is a pending patent application. At some time in the future, it becomes either an allowed patent application, then an issued patent, upon payment of the Issue Fee, or an abandoned patent application. But colloquially, figure that patent pending means that a patent application was filed, but a patent has not yet been issued. It may never be.
Of course, you don’t know what type of patent application is pending util it either is published (typically at 18 months) or issues. It could be a Provisional (utility) patent application, that is utilized for claiming an earlier priority date for Utility Patent Applications (it expires after a year) or even a Design Patent Application, that only claims aesthetics. Design patents are easier to get, but typically are much narrower, only covering aesthetics, and have a shorter term.
It simply means that someone is making a claim that they have filed an application (provisional or regular) with the USPTO and that the “patent pending” status is valid.
With a provisional application, since it is never examined by the patent office, you could potentially file pictures of your cat and then claim, as soon as you receive notice that your application has been properly filed that you are patent pending on whatever.
However, if you were to then, with the intent to deceive, label the product as “patent pending” it is possible that you can be sued by the US Government for up to $500 fo
It simply means that someone is making a claim that they have filed an application (provisional or regular) with the USPTO and that the “patent pending” status is valid.
With a provisional application, since it is never examined by the patent office, you could potentially file pictures of your cat and then claim, as soon as you receive notice that your application has been properly filed that you are patent pending on whatever.
However, if you were to then, with the intent to deceive, label the product as “patent pending” it is possible that you can be sued by the US Government for up to $500 for every article falsely labeled, so the penalties can be huge. [NOTE: individuals may also sue for damages for up to the same $500 but half the award goes to the US government.]
So labeling a product as “patent pending” is a big deal because of the potential penalties that could be incurred.
So, what happens if you filed a “legitimate” provisional application (e.g. no cat pictures) and the year has expired, can I still sell my product that was labeled and patent pending and manufactured during the time it was still patent pending? The answer is that you should seek legal council.
While not about patent pending status, below is a link to a case, Pequignot v. Solo Cup, where the makers of Solo drinking cups were being sued for continuing to label the product as patented after the products patent had expired. Because there were so many cups out there, the damages would have been huge!
Luckily, Solo had relied on their legal council, who had INCORRECTLY told them that they could continue to keep the product labeled as patented, since the fact that a patent, even though it was expired still existed. This was false!
As the district court pointed out, “[a]n article that was once protected by a now-expired patent is no different [from] an article that has never received protection from a patent. Both are in the public domain.”
Source: False Marking: Solo Cup Properly Rebutted Presumption of Intent to Deceive
Luckily, since Solo ultimately relied on the incorrect advice of legal council they had a defense that there was no “intent to deceive” and the decision was vacated but they would have been in a world of hurt if they had to pay $500 in damages for each product falsely labeled when the product itself only sold for $2.99, or whaterver price it had.
So, I want to repeat that labeling a product as patent pending is a big deal. Here is a link to a nice one pager that I like on how to do it properly. https://slwip.com/wp-content/uploads/2016/05/A7-Guidelines-for-Patent-Marking.pdf
Note: The other answers provided good information about the benefits/implications but not the liabilities. So I wanted you to have a more complete answer.
In the US, at least, the law does not exclude “silly inventions” from being patent eligible.
Current patent examination procedures state that “a rejection…should not be based on grounds that the invention is frivolous.” MPEP 706.03(a).
In fact, there are enough granted patents on silly inventions to fill a book or two:
Patently Absurd : The Most Ridiculous Devices Ever Invented, by Christopher Cooper
One of my favorite silly patents is US5901666A - Pet display clothing whic
In the US, at least, the law does not exclude “silly inventions” from being patent eligible.
Current patent examination procedures state that “a rejection…should not be based on grounds that the invention is frivolous.” MPEP 706.03(a).
In fact, there are enough granted patents on silly inventions to fill a book or two:
Patently Absurd : The Most Ridiculous Devices Ever Invented, by Christopher Cooper
One of my favorite silly patents is US5901666A - Pet display clothing which is a wearable system of transparent tubes for displaying a hamster as it crawls around inside.
Every patent starts as a patent application. A patent application is not enforceable as a right to an invention. Only an issued patent may be used to prevent others from practicing the claimed invention.
A patent application must be examined and a patent must be granted before the patent application may be issued as a patent.
In the US, the difference between a granted patent and an issued patent is whether the issue fee has been paid and the patent has been published. Issued patents are enforceable from their priority date, which is typically the date when a non-provisional patent application w
Every patent starts as a patent application. A patent application is not enforceable as a right to an invention. Only an issued patent may be used to prevent others from practicing the claimed invention.
A patent application must be examined and a patent must be granted before the patent application may be issued as a patent.
In the US, the difference between a granted patent and an issued patent is whether the issue fee has been paid and the patent has been published. Issued patents are enforceable from their priority date, which is typically the date when a non-provisional patent application was filed. Using earlier filings for your priority date deserves another long answer.
Yes, a new application of an existing patent can be patented, but it depends on several factors. Here’s what you need to know:
Key Considerations for Patentability
- Novelty – The new application must not have been disclosed or published before. Even if the original patent exists, using it in a new and unexpected way could be considered novel.
- Inventive Step (Non-Obviousness) – The new use must not be an obvious extension of the existing invention. If someone skilled in the field could easily deduce the new use, it may not qualify.
- Industrial Applicability – The new application must be useful and ha
Yes, a new application of an existing patent can be patented, but it depends on several factors. Here’s what you need to know:
Key Considerations for Patentability
- Novelty – The new application must not have been disclosed or published before. Even if the original patent exists, using it in a new and unexpected way could be considered novel.
- Inventive Step (Non-Obviousness) – The new use must not be an obvious extension of the existing invention. If someone skilled in the field could easily deduce the new use, it may not qualify.
- Industrial Applicability – The new application must be useful and have a practical use in an industry.
Examples of Patentable New Applications
- A drug repurposed for a different medical condition
Example: Aspirin was originally patented for pain relief but later found to help prevent heart attacks. The new medical use was patented separately. - A technology adapted for a different industry
Example: A material originally patented for aerospace insulation is later found to be effective in medical wound dressing.
How to Protect a New Application
- File a "method of use" patent, which protects how the existing invention is applied in a new way.
- Ensure that your application clearly describes why the new use is innovative and how it differs from prior art.
- Conduct a patent search to check if similar applications have been patented.
When a New Use May Not Be Patentable
- If the original patent already covers the new application.
- If the new use is too obvious to someone skilled in the field.
- If the new application has already been publicly disclosed.
In short, a new application can be patented if it meets the criteria of novelty, non-obviousness, and utility. If you're considering filing a patent, consulting a patent attorney can help strengthen your case.
Would you like to explore specific examples related to your industry? Let me know!
The patent office has a website uspto.gov. On that website, you can look up the history of that patent application using “Public PAIR”. The history will tell you whether the application has issued (in which case it is a patent), is still being examined, or has been abandoned.
If the latter is true, it is safe to practice the invention described in the public application as long as they did not file any continuing applications that issued or are still pending. Of course, when I say “it is safe” I mean that the applicant in question cannot stop you. However, there is always a chance that someone
The patent office has a website uspto.gov. On that website, you can look up the history of that patent application using “Public PAIR”. The history will tell you whether the application has issued (in which case it is a patent), is still being examined, or has been abandoned.
If the latter is true, it is safe to practice the invention described in the public application as long as they did not file any continuing applications that issued or are still pending. Of course, when I say “it is safe” I mean that the applicant in question cannot stop you. However, there is always a chance that someone else has a patent on the invention in question (which may be the reason why the applicant in question couldn’t get their own patent).
Note: publication is NOT an indication that something will be patented, or even that it is likely that it will be patented. Applications are published before any examination takes place.
In the US
- First you get a Notice of allowance
- If you pay the issue fee, you will get a notification on when it will be issued and the final patent number
When you file for a US patent, it is a patent application. You get a filing receipt from the U.S. Patent and Trademark Office. You later get foreign filing license as long as the subject of the invention may be shared through foreign filing channels, e.g. The patent cooperation treaty (PCT). These would be followed by office actions from the patent office which explain why you are not entitled to a patent (believe it or not, this is desirable, but the reasoning would be the subject of another post). Ultimately, you get a notice of allowance. While all of these are all official communications
When you file for a US patent, it is a patent application. You get a filing receipt from the U.S. Patent and Trademark Office. You later get foreign filing license as long as the subject of the invention may be shared through foreign filing channels, e.g. The patent cooperation treaty (PCT). These would be followed by office actions from the patent office which explain why you are not entitled to a patent (believe it or not, this is desirable, but the reasoning would be the subject of another post). Ultimately, you get a notice of allowance. While all of these are all official communications, none of them are certificates. When the patent is ultimately issued, you will receive a ribbon copy of your patent. The ribbon copy is the official, published copy of the patent and it comes with the USPTO seal. Still no certificate though. There are plenty of third party companies that will send you letters asking whether you want a plaque or certificate to commemorate your achievement, but again, this will not come from the government.
This will be easier to grasp once you understand that a patent is an instrument that confers negative rights only. What that means is that a patent holder can prevent another person or entity from practicing the invention claimed in the patent. However—and this is the key here— a patent does not confer positive rights on the patent holder to practice the invention. Let’s take an hypothetical example. Consider that you have patent for a bicycle that includes two wheels, a frame, and a handlebar. That patent would give you the rights to prevent another from making, using, or selling the bicycle,
This will be easier to grasp once you understand that a patent is an instrument that confers negative rights only. What that means is that a patent holder can prevent another person or entity from practicing the invention claimed in the patent. However—and this is the key here— a patent does not confer positive rights on the patent holder to practice the invention. Let’s take an hypothetical example. Consider that you have patent for a bicycle that includes two wheels, a frame, and a handlebar. That patent would give you the rights to prevent another from making, using, or selling the bicycle, but would not give you positive rights to make, use, or sell the bicycle yourself. If you do, you may be infringing other patents that claim only the wheel, only the frame, or only the handlebar. Therefore, you would need to separately analyze what patents you might be infringing in making, using, or selling the bicycle, and license those accordingly.
So, for your specific question, even if one of the steps in your process is already patented, you may still be able to obtain a separate patent on your process (assuming the additional steps, in combination with the patented step, are deemed to be novel and non-obvious by the patent office). You will not need to license the earlier patent for the purpose of obtaining your patent. However, if you start practicing a process that includes a patented step, you may need to get a license from the owner of the prior patent (or risk being sued for patent infringement).
Disclaimer: These are some general points only, which may or may not be applicable to you. This is not legal advice. If you need legal advice specific to your situation, consult a patent attorney.
No patent office asks the applicant to showcase functional prototype of an invention for which a patent application is filed.
The statutory requirement to get a patent is to showcase at least one working embodiment of the invention—-this requirement is there to eliminate patents to abstract ideas.
Therefore, as far as you can elaborate on a working embodiment of your invention, your complete patent application or non-provisional application deem to be considered for a patent.
I hope it brings clarity. Thanks for asking.
Until a patent application has been granted by the patent office of the country in question, it only represents a prospective right, not an enforceable right.
Thus the patentee may certainly attempt to market that prospective right without waiting for it to be granted. In addition the patentee would normally be advised to draw the existence of the patent application - without threats - to the attention of any individual or organisation who, in the patentee’s opinion, is infringing the prospective rights defined in the application. But the patentee cannot sue a possible infringer until the paten
Until a patent application has been granted by the patent office of the country in question, it only represents a prospective right, not an enforceable right.
Thus the patentee may certainly attempt to market that prospective right without waiting for it to be granted. In addition the patentee would normally be advised to draw the existence of the patent application - without threats - to the attention of any individual or organisation who, in the patentee’s opinion, is infringing the prospective rights defined in the application. But the patentee cannot sue a possible infringer until the patent is granted.
As soon as you apply for your patent even if it is just a provisional (temporary patent one can file while developing your claims aka the list of what future inventors can not invent without violating your patent) patent application, your invention receives the patent pending status. You can then publicly market your invention to either companies or the general public without damaging your future patent rights. Since all patents that are issued by the USPTO and other patent organizations have to go through a review process that can take years to complete, many products for which patents were a
As soon as you apply for your patent even if it is just a provisional (temporary patent one can file while developing your claims aka the list of what future inventors can not invent without violating your patent) patent application, your invention receives the patent pending status. You can then publicly market your invention to either companies or the general public without damaging your future patent rights. Since all patents that are issued by the USPTO and other patent organizations have to go through a review process that can take years to complete, many products for which patents were applied reach the marketplace long before receiving a patent because the patent office has yet to agree with specific claims written by their attorneys on the invention’s patent application.
I am not aware of any such case where the application was rejected by the Patent office for the idea being silly.
However, in case of PPMs ( Perpetual Motion Machines ) the only you can get through is by a working prototype.
A Perpetual Motion Machine ( or PPM ) is a machine which can do work indefinitely without an energy source.
It's basically a violation of thermodynamics principles. Therefore, such machines are hypothetical.
Countless PPMs have been proposed and applied for Patent. However, their inventors failed to apply their basic knowledge of thermodynamics.
There were many cases in which t
I am not aware of any such case where the application was rejected by the Patent office for the idea being silly.
However, in case of PPMs ( Perpetual Motion Machines ) the only you can get through is by a working prototype.
A Perpetual Motion Machine ( or PPM ) is a machine which can do work indefinitely without an energy source.
It's basically a violation of thermodynamics principles. Therefore, such machines are hypothetical.
Countless PPMs have been proposed and applied for Patent. However, their inventors failed to apply their basic knowledge of thermodynamics.
There were many cases in which the inventors were very much convinced of their claims but could not demonstrate their prototypes in front of experts.
Many even tried to apply for Patent and raise funds based on their applications.
Tired of applications for PPMs, the U.S Patent Office discreed in 1981 that it would no longer consider any PPM applications.
Therefore, if your invention is one of the PPMs, you need to demonstrate it before applying for Patents.
Does "Reasons for Allowance" status on USPTO mean my patent application is going to granted soon?
Maybe. Reasons for Allowance are written when the Examiner decides to allow the application. But….
Sometimes something comes up after this initial decision, and an application may be withdrawn from allowance. But this is a fairly rare occurrence, unless initiated by the applicant, for a variety of reasons.
The Reasons for Allowance will be accompanied by a Notice of Allowance when mailed to you (absent some sort of reversal of the decision to grant the application before mailing, or a clerical error
Does "Reasons for Allowance" status on USPTO mean my patent application is going to granted soon?
Maybe. Reasons for Allowance are written when the Examiner decides to allow the application. But….
Sometimes something comes up after this initial decision, and an application may be withdrawn from allowance. But this is a fairly rare occurrence, unless initiated by the applicant, for a variety of reasons.
The Reasons for Allowance will be accompanied by a Notice of Allowance when mailed to you (absent some sort of reversal of the decision to grant the application before mailing, or a clerical error at the USPTO).
I have had a couple of cases where applications were allowed, we received the Notice of Allowance (accompanied by the Reasons for Allowance), and yet the patent was NOT granted. In each case, it was because the client decided NOT to pay the grant fee. Sadly, it was because each client had run out of money.
Which should be an object lesson for every inventor. Patents don’t do you any good if you don’t have sufficient capitalization for your business. Patents are not the be-all, end-all of a business - you also have to be able pay rent and salaries, etc.
In the U.S., assuming the patent is eventually granted, then it’s protected from date of filing, rather than from date of issue, for the patent.
The current patent term moved up to 20 years to account for the principle of “from date of filing”; it was a shorter protection term, when it was “from date of grant”.
This assumes your patent is eventually granted, rather than rejected.
The change was made in the U.S. in order to comply with WIPO treaties, which mostly means “normalizing” the U.S. patent system with that in the E.U. and specific European countries in particular.
A lot of U.S. law tends t
In the U.S., assuming the patent is eventually granted, then it’s protected from date of filing, rather than from date of issue, for the patent.
The current patent term moved up to 20 years to account for the principle of “from date of filing”; it was a shorter protection term, when it was “from date of grant”.
This assumes your patent is eventually granted, rather than rejected.
The change was made in the U.S. in order to comply with WIPO treaties, which mostly means “normalizing” the U.S. patent system with that in the E.U. and specific European countries in particular.
A lot of U.S. law tends to change at the federal level, as a result of treaties.
For example, the 2008 financial crises, and the housing market collapse before that were due to a treaty signed by the Clinton administration to allow commercial and investment banks to operate under one company and one roof.
The intent was to allow the merger of Credit Suisse, and First Boston, which in tern necessitated a repeal of the 1933 Banking Aka, aka Glass–Steagall legislation - Wikipedia.
So the housing market collapse and the financial crisis came about because U.S. federal law was “normalized” with European banking law.
Patent law tends to go through the same process.
Anything involving international treaties does.
I am not a lawyer, or the son of a lawyer. So take this advice with a grain of salt- it is not legal advice.
I took this question a bit differently than the previous 3 writers. If the question is actually, can you get a patent on a new and novel application of a previously known and used item when you did not invent the item, I would think, sure you can.
For example, if you discovered that aspirins
I am not a lawyer, or the son of a lawyer. So take this advice with a grain of salt- it is not legal advice.
I took this question a bit differently than the previous 3 writers. If the question is actually, can you get a patent on a new and novel application of a previously known and used item when you did not invent the item, I would think, sure you can.
For example, if you discovered that aspirins was a great additive to paint to extend the shelf life of the paint, you could get a patent on that application of aspirins. You can’t prohibit people from making aspirin with your patent, but you could (assuming the claims were properly worded), prohibit other paint manufacturers from adding aspirin to paint.
Both aspirin and paint have been well known and used for years. So many years that there is no active patent on either. But you can get a patent on a new application (adding aspirin to paint) of an existing product (aspirin).
Change the situation a little. Assume that aspirin had bee...
Until the relevant patent office (USPTO, EPO, etc….) decides to grant or reject your patent, filing the application gives your idea legal protection from the day you originally filed (called the “priority date”). Obviously if your application is eventually rejected this protection will end, contrarily if your patent is granted protection will run for 20 yrs from priority date. This is why inventors or entrepreneurs who must imperatively disclose critical informations on their invention to an investor or a potential client for example, often choose to file a “provisional” simplified patent whic
Until the relevant patent office (USPTO, EPO, etc….) decides to grant or reject your patent, filing the application gives your idea legal protection from the day you originally filed (called the “priority date”). Obviously if your application is eventually rejected this protection will end, contrarily if your patent is granted protection will run for 20 yrs from priority date. This is why inventors or entrepreneurs who must imperatively disclose critical informations on their invention to an investor or a potential client for example, often choose to file a “provisional” simplified patent which protects them against looting of their invention or pure counterfeiting, just before they must disclose the information (under US IP law, they then have 12 months to file a bona fide complete patent for the same invention)
Let's say I invent a machine that can sober you up if you've had to much to drink.
I apply for a patent.
I don't wait for the patent to be approved before I start selling.
For a year or so, I protect my rights with the phrase 'patent pending.’ Hopefully, I get my patent, but I will have built my business while I wait.
I don’t understand what you mean by a patent certificate. Would you explain what you mean?
If you’re talking about the official Ribbon Copy of a US patent, you will get an issued patent (along with the official Ribbon Copy from the USPTO) after your patent application has been allowed to issue into a patent. So, no, you will not get a Ribbon Copy while your patent application is pending at the USPTO.
A provisional patent will not issue into a patent. You’ll have to convert the filed provisional into a non-provisional patent application, then get that non-provisional allowed before it will issue
I don’t understand what you mean by a patent certificate. Would you explain what you mean?
If you’re talking about the official Ribbon Copy of a US patent, you will get an issued patent (along with the official Ribbon Copy from the USPTO) after your patent application has been allowed to issue into a patent. So, no, you will not get a Ribbon Copy while your patent application is pending at the USPTO.
A provisional patent will not issue into a patent. You’ll have to convert the filed provisional into a non-provisional patent application, then get that non-provisional allowed before it will issue into a patent.
Hope this helps.
I have never received a patent certificate for any patent, pending, provisional or granted. When one is granted, you usually get a bunch of offers of people trying to sell you a certificate, plaque, etc. but I don't think that is what you are asking about. Assuming you are like most of us, all you get is the feeling of a job well done......
The purpose of patents is to benefit the public good by getting inventors to disclose to the public how to make and use their inventions. In exchange, the government gives the inventor something quite significant: a right to exclude others for 20 years from the date the patent was applied for. The deal would not be fair if patent rights were granted for any little thing that was obvious to do. The public can figure out obvious stuff on their own. Thus, significant patent rights are only given for significant innovations, i.e., non-obvious ones. That’s why.
By the way, what matters for patentabi
The purpose of patents is to benefit the public good by getting inventors to disclose to the public how to make and use their inventions. In exchange, the government gives the inventor something quite significant: a right to exclude others for 20 years from the date the patent was applied for. The deal would not be fair if patent rights were granted for any little thing that was obvious to do. The public can figure out obvious stuff on their own. Thus, significant patent rights are only given for significant innovations, i.e., non-obvious ones. That’s why.
By the way, what matters for patentability is not whether a patent was already granted on the same invention, but whether the invention was already known to the public. If it is known, it doesn’t matter if it has been patented before or not. It can’t be patented by anyone. It already is known to the public, so the public good is not served by giving patent rights for it.
It sounds like you're talking about a "forward citation" in which a later patent cited your application publication. Forward citations are not something that the USPTO monitors. They are tracked and published by third-party patent database providers based on the "backward citations" or "references" that are published with each patent.
The USPTO will not replace your publication number with your patent number on any patents that listed your publication number as a reference. Some third party database providers might show your patent number instead of (or in addition to) your publication number
It sounds like you're talking about a "forward citation" in which a later patent cited your application publication. Forward citations are not something that the USPTO monitors. They are tracked and published by third-party patent database providers based on the "backward citations" or "references" that are published with each patent.
The USPTO will not replace your publication number with your patent number on any patents that listed your publication number as a reference. Some third party database providers might show your patent number instead of (or in addition to) your publication number in the references section of other patents, but I wouldn't count on it. I'm not aware of any who do that automatically, even though it is certainly possible. However, anyone who sees your publication number and is really curious will be able to find your patent based on your publication number.
It means that it is not yet a patent, and maybe never will be one.
Until it becomes a patent, the owner has no rights other than to say that he/she has “patent pending”.
If you are interested in finding out what exactly is going on with an application, you can use public PAIR at the USPTO’s web site: www.uspto.gov. You can see, for example, if the application has been examined, whether the applicant has had to change the claims, etc.
A Patent is essentially a legal document that is granted by the Government which gives the inventor exclusive rights over all aspects of his/her invention including its making, use and sell for a specified period of time. The patented invention, however, must be shared with the society to improve the quality of life of the people therein.
Patents are generally granted for new inventions as well as for significant improvements to previous inventions. The factors that are taken into consideration are that the item in consideration must be novel, must have utility and that it must have an inventiv
A Patent is essentially a legal document that is granted by the Government which gives the inventor exclusive rights over all aspects of his/her invention including its making, use and sell for a specified period of time. The patented invention, however, must be shared with the society to improve the quality of life of the people therein.
Patents are generally granted for new inventions as well as for significant improvements to previous inventions. The factors that are taken into consideration are that the item in consideration must be novel, must have utility and that it must have an inventive step, or, lack of obviousness. The rights conferred by a patent prevent all others from reproducing the idea, even if such reproduction is an independent reproduction of the same idea.
A patent prevents all others from including any form of the patented item in their products or services without the permission of the patent holder. In India, a patent is granted for a period of 20 years from the date of filing of the application for registration.
An invention is considered to be patentable in India only if it has the following features:
- Novelty or Uniqueness: The invention must not be a subject matter to an already existing patent application or must not be already patented in India. The invention must be unique or novel i.e. the invention did not exist in any form orally, writing or use.
- Non-obviousness: The invention must be unpredictable or non-obvious to a common man. The techniques used to create the invention must not have a predictable outcome.
- Industrial applicability: The invention must be able to be used for industrial purposes and must have some industrial applicability. It must not be for any illegal or unethical methods.
Steps for patent registration:
- The patent application must contain detailed information regarding the invention. The applicant must include as much information as possible including description, the method of working of the invention, area of invention and advantages of the same.
- The application must further include sketches, drawings and diagrams that explain the working of the invention. This is an important part of the patent application process as it helps in giving an elaborate and detailed description of the invention.
- The application must include information regarding any patented related prior art.
- You must make an enquiry about the patentability of your invention under the Indian patent laws.
- You must then conduct a patentability search to determine whether your invention meets the patentability criteria in terms of novelty, inventiveness, industrial application and enabling factor. You must take the help of patent professionals to help conduct such extensive research and also to come up with a patentability report.
- After receiving the patentability report you must decide on whether you finally want to proceed with the patent application depending on whether, in your opinion, your invention meets the patentability criteria. Hence, the patentability report is indeed essential as it helps you determine whether you should invest the time, costs and efforts that would be necessary for the patent filing process.
- If you believe that your invention is patentable, you must apply for a patent in the appropriate office.
Disclaimer:
The answer is submitted by an employee of Legistify as general information relating to legal issues faced by people in India. The information cannot be considered as a legal opinion or opinion of the company.
This is obviously very field specific. But for the most part, patents comes from three sources: (1) companies, (2) independent inventors, and (3) universities.
If you’re a company, you’re using it to protect yourself, so your “license rate” is 100%. Independents are rare now, but the road is long and your rate of licensing to a third party is going to be pretty slim.
If you’re a university, then your odds may be so-so. Stanford, for example, has published figures indicating that 25% of their inventions are licensed.
They also point out that patent revenue is incredibly feast-or-famine. Out of 7,4
This is obviously very field specific. But for the most part, patents comes from three sources: (1) companies, (2) independent inventors, and (3) universities.
If you’re a company, you’re using it to protect yourself, so your “license rate” is 100%. Independents are rare now, but the road is long and your rate of licensing to a third party is going to be pretty slim.
If you’re a university, then your odds may be so-so. Stanford, for example, has published figures indicating that 25% of their inventions are licensed.
They also point out that patent revenue is incredibly feast-or-famine. Out of 7,400 disclosures, the top 3 inventions generated twice as much revenue as the bottom 7,397 combined.
A2A, thanks. If you bundle the patent license with other IP rights, such as know-how, trade secrets, copyright materials and/or trade marks then this is less problematic. Success or failure often turns on how the agreement is drafted.
Generally, if you license a technology that is not a granted patent then your licensee could escape the agreement when the patent fails to issue as you cannot license something that you do not own. In some jurisdictions, there are civil penalties as well as criminal penalties (generally for fraud) for licensing something you reasonably believe you will not own.
Maybe a small point here but, in this backwater area of Quora, we like small points…
Your “product” is very unlikely to be your patent. Your patent is, or will be, if and when granted, your intellectual property. Your product is the physical object or service that your intellectual property (and other goods) make possible. So your product is not “patent pending” and will not be patented. But it will be protected by that patent if issued.
OK, with that out of the way… here is the hitch and resulting advice I wanted to bring to your attention. If and when the patent does not issue, then you have t
Maybe a small point here but, in this backwater area of Quora, we like small points…
Your “product” is very unlikely to be your patent. Your patent is, or will be, if and when granted, your intellectual property. Your product is the physical object or service that your intellectual property (and other goods) make possible. So your product is not “patent pending” and will not be patented. But it will be protected by that patent if issued.
OK, with that out of the way… here is the hitch and resulting advice I wanted to bring to your attention. If and when the patent does not issue, then you have to go find the places where you have declared your product as “Patent Pending” and remove those terms and any suggestion that you do or will hold a patent. Calling it patented, or patent pending when it is not, is fraud. And that is not a good thing to be involved with.
For this reason, if you have doubts about a patent being issued (and you should, just in principal) then it can be a good idea to, while you fight to get it, slow roll the patent campaign. Why? So that the perceived value of being “patent pending” can last as long as possible. If it does issue, the start date remains the same so no harm done. But if it does not, well, in many cases you are mainly trying to be first to market and to establish the position. And that is not dependent upon the pace of the patent campaign (generally.) If your pending status scares off folks for even a bit, you can use that time (whatever it ammounts to) to get a head start! It is like a side bet that costs you very little.
Of course take this up with your legal advisors, and combine it with what you know about the business environment in which you work.
Good luck!
No, you can make no such assumption.
The filing date and priority date alone tells us nothing about whether or not a patent will be granted.
As long as the application is not abandoned, it is still undetermined whether or not a patent will be granted.
Often more than a year passes from filing before any substantive examination of a patent application even begins.
The owner of a US patent application may not sue to enforce it until a patent is granted.
Marking of a product to indicate a patent is pending gives notice of the potential for patent infringement should a patent be granted. Such marking may afford a basis to claim damages for a period of infringement after the patent application is published but before the patent is granted, but again no lawsuit for patent infringement in the US may be initiated until the US patent is granted.
A party may be willing to license or purchase a pending patent application to ensure it does not infringe should a pate
The owner of a US patent application may not sue to enforce it until a patent is granted.
Marking of a product to indicate a patent is pending gives notice of the potential for patent infringement should a patent be granted. Such marking may afford a basis to claim damages for a period of infringement after the patent application is published but before the patent is granted, but again no lawsuit for patent infringement in the US may be initiated until the US patent is granted.
A party may be willing to license or purchase a pending patent application to ensure it does not infringe should a patent be granted on said application.
A patent application is made available to the public, with all it's disclosure of the invention. Thereafter, the interested parties can file an opposition to the grant of patent for the invention, depending on the jurisdiction. As the other answer rightly pointed out, the published application can also serve as a prior art in subsequent closely related inventions.
Publication of invention disclosure is an important part of the quid-pro-quo, i.e. the know-how of the invention has to be disclosed to public, if the inventor wants patent rights on his invention.