Monday, March 28, 2011
The protection of intellectual property has become an important facet in the modern business era. It comprises of Patents, Trade Marks, Copyright, Design and Geographical Indications. A patent is a monopoly right granted by a Government to an inventor for a fixed period of time in lieu of disclosure of the invention he proposes to patent.
It is always advisable to enlist the services of a patent attorney for ensuring whether the invention is patentable. A skilled patent attorney may be able to accurately opine whether an invention is patentable or obvious. In case the invention is found to be non-obvious then a worldwide patent search must be conducted.
An application may be prepared and filed if it is found that there are no similar inventions already on record. At the time of filing the application, a patent specification is to be filed along with the application. A patent specification describes the invention. In case the complete patent specification cannot be filed at the time of filing the application, the law stipulates that a provisional specification may be filed which need only describe the invention broadly. However, it is mandatory to file the complete specification which discloses the invention fully within the prescribed time. It is advisable to enlist the services of a patent attorney having the requisite knowledge to draft the specification, as it is a very technical and complex document..
After the application is filed, it is examined and objections are raised by the Patent Office. The objections raised must be replied appropriately. Since the reply involves matters of a technical nature it is important to employ the services of a skilled patent attorney who may be able to reply to the objections accurately.
The Patent Office then advertises the invention and any aggrieved party may oppose the application by initiating opposition proceedings against the applicant. Opposition proceedings entail written arguments from both sides and hearings have to be attended to.
Finally, even after registration, the services of a patent attorney may be enlisted in order to pay the renewal fee for a registered patent.