If you’re preparing to file a patent for your invention, it is essential to be well prepared for the process of application. A patent can offer legal protection for your invention, but the process can be intimidating, and mistakes can be costly and time consuming.
In our opinion, here are three essentials you should know before filing a patent:
Identify What Can Be Patented
Not all ideas are eligible to be patented. Some ideas are better suited to other types of intellectual property protection. For an invention to be patentable, it must be:
- Novel: The invention must be new and never been publicly disclosed.
- Inventive: The invention must not be an obvious process to a skilled person in the field.
- Applicable: The invention must solve a particular problem and serve a practical purpose.
You CAN patent: processes, compositions, improvements on existing processes
You most likely CANNOT patent: abstract ideas, natural phenomena, laws of nature
Understand Types of Patents
Not all patents are created equally. Understanding the type of patent best for your invention is incredibly essential.
- Utility Patents: For new inventions and discoveries involving processes and compositions.
- Design Patents: For ornamental designs and appearances of an object.
- Plant Patents: For distinct plant varieties asexually reproduced.
An IP attorney will be able to help you identify the best patent for your idea.
Consider Long Term Development
Filing a patent already is a complicated process, but protecting your invention internationally takes patent filing to a whole new level.
If you plan to go global with your invention, you will need to consider filing multiple patents in countries you are looking to sell your invention.
There are international patent application systems in place for such demands, such as the Patent Cooperation Treaty (PCT). The PCT allows the filer to apply for patent protection in multiple countries.
Due to the high costs of patenting in several countries, an IP attorney will be able to help you decide if global patent protection is required for your business.
Taking the time to carefully plan your IP strategy is the best investment you will make for your invention. Consulting with a patent attorney can help guide you through the process and avoid hiccups along the way.
Quality Oracle are proud to serve in Malaysia and internationally in all areas IP for 30 years.
