Inventors often raise the question of whether getting a patent is required even when their inventions are not in the market. In most cases, a false sense of security falls into the pitfalls of frustration as their design either is copied or details to it are no longer patentable. It is also essential to understand that obtaining a patent can be tedious work, and not all new inventions can be potentially patented.
Money is also one significant factor for considering a patent because of the costs for having something licensed range anywhere from $900 to $10,000. This depends on the intricacy of the invention and the type of patent required, whether it falls under a provisional, non-provisional, or a utility patent.
Application for a Patent requires Going through Complex Processes
New inventions do not smoothly go through the doors of patent office without an effective patent search. Prior art is one of the most critical yet complex processes an application undergoes. It ensures the invention does not exist anywhere else – be it in the market or has an existing description in publications.
A prior art often becomes a roadblock to getting a patent because patent grants are not accepted if the invention already exists. The Patent Act, under the provisions of 35 U.S.C. § 102, clearly states that a design has to be “novel,” meaning it has to be original, in both concept and has to be technically non-obvious to meet the legal criteria.
Intellectual property attorneys are of much-needed help during the process of a patent application search because they are skillfully trained to determine minute distinctions. The details and conditions prescribed under the Patent Act, terms like “novel,” “non-obvious,” and “useful” among others, are restrictive of the patent laws. They often are a stumbling block to a patent application and its approval. Thus, a patent application searchbecomes attainable when a patent professional advises inventors or counsels business organizations.
Patent Attorneys Keep Everything a Secret without the Need for Confidentiality Agreements
With most inventors competing to take the first credit to their discoveries, the problem of trusting someone becomes a problem. Patent attorneys understand that a patent search should be kept safe and their profession binds them to secrecy. It is a patent attorney’s ethical obligation to manage all details regarding the invention and keep them undisclosed.
Patent attorneys also pass through a rigorous bar exam and are required to take the USPTO bar examination called the “Patent Bar Exam.” This is often a prerequisite not only on a state level but a federal requirement for professionals dealing with patent applications.
Client and attorney communication is the most important aspect of keeping trust and strict confidence at high all the time. Laws and guidelines governing patent attorneys and their conduct fall under the US Patent Regulations. And keeping all information about an invention is one of the biggest pillars of a patent attorney’s code of conduct.
Because patent attorneys are under the obligation to keep the details to an invention a secret, there is no need to sign a Non-Disclosure Agreement. The Strategic Patent Law stands between the fine line of patent approval or rejection with services for individual inventors and small companies that large firms often neglect.