The 특허출원 application and patent registration process here aims to make you familiar with the steps involved and to provide some useful information about the technology covered by patents. Keep reading for more information.
What Are Patents?
The U.S. Patent and Trademark Office (USPTO) defines a patent as “any invention or discovery that is new and useful”. Essentially, a patent protects the innovation of an inventor or group of inventors. A patent cannot be transferred to another person, and once it is granted, it remains in force for the lifetime of the patent holder(s) and can be enforced against infringers.
When Do You Need To File A Patent Application?
You need to file a patent application as soon as you complete the invention or discovery. However, there are exceptions for certain technologies. For example, you do not need to file a patent application for a plant variety or a computer program since they do not exist in nature and are not novel. In these situations, you can simply file a utility patent application (which covers new or improved methods or products) or a design patent application (for any new designs related to the invention).
What Do You Need To Include In Your Patent Application?
To be considered useful, your invention must satisfy the following criteria:
- It must be new. Compound inventions, such as pharmaceuticals and chemical compounds are not eligible for patent protection.
- It must be useful. Your invention must provide some practical benefit to mankind. For example, a computer program that generates invoices for customers or a manufacturing method for making plastic toys are both useful inventions.
- It must be capable of industrial application. An invention that solely exists in a laboratory or that is theoretical is not eligible for patent protection. You must be able to demonstrate that the invention is capable of being manufactured or used by people in the real world.
- It must not be an abstract idea. An invention or discovery that is merely an “idea” or a simplistic description of a method of doing something is not eligible for patent protection. In other words, your invention must be sufficiently complex and sophisticated to be novel. For example, a formula for a new chemical compound or a newly discovered plant or animal species are both eligible for patent protection even if they consist of a simple idea or description of how to carry out the process.
- It must not be in the public domain. This applies to methods of doing business, such as those disclosed in public documents (like patents and trademark applications) or those that are well-known to the public. For example, the well-known logo for Apple Inc. is a registered trademark, and as such it cannot be used by any other company for commercial purposes.
- It must not be a mere imitation or a disguised form of an existing patent. This is sometimes known as “double patenting”. For example, if you invented a faster way to boil an egg, you would not want to also claim ownership of a patent that discloses the same method. You need to file for a patent if you genuinely believe that your invention is new and useful.
- It must not violate any other laws. For example, pharmaceutical companies must follow certain procedures when bringing a new drug to market. Violating these procedures can result in legal action or the loss of patent protection. This is why you need to consult with a patent attorney before beginning the patent application process.
- You must not remove any of the criteria listed above or combine them with a different invention to create a new invention that is not eligible for patent protection. This is called “double patenting” and can result in a lawsuit from the patent office or an infringement action from another party. The USPTO specifically prohibits this practice, and they will not grant you any extensions for the patent application deadline due to a change in the legal status of your application.
- You cannot apply for a patent if you are not the owner of the invention. As stated before, a patent protects the innovation of an inventor or group of inventors. In order to obtain a patent, you must have the legal right to apply for one. This means that you must have created the invention or discovered the technology independently of other people. You can also include your collaborators (such as a research scientist or an engineer) on your patent application. They must have participated in the invention process in some way and must be included in the patent application.
- You cannot file for a patent if the invention has already been made publicly available. Publishing a research paper or presenting it at a scientific conference does not constitute prior art for the purpose of obtaining a patent. If another inventor builds upon your research and patent application is ultimately approved, they will have the right to bring a lawsuit for patent infringement. The only way to avoid this is to actually file for the patent.
- Every invention or discovery has the potential to be used by other people. This is why it is essential to file for a patent as soon as you have completed your invention. When you do, you give the inventor(s) and their assignee(s) the exclusive right to make, use, and sell your invention for a certain period of time. The more you know about patent law and procedure, the easier and more pleasant the process will be. With these tips, you're sure to feel more confident about what you're doing and more inclined to pursue your intellectual property rights safely and successfully.