A 특허출원 is a legal document that grants the patent holder the right to exclude others from making, using or selling the patented invention for a certain period of time. For example, a mechanical invention patent could include anything from cutting-edge mechanical designs to kitchen appliances or sports equipment.
But beyond the legal details, what is the technical process behind getting a patent? How does it all work? Let's dive into the nitty gritty of the patent application and registration process to find out.
The Basics
Before you even think about applying for a patent, there are several things you need to know. First, make sure you are not already registered with the patent office. When you apply for a patent, you will be given a registration number and will need to enter this number on your patent application. If you have previously filed a patent application with the patent office and are still awaiting the results of the patent office's investigation, you will need to cancel the current patent application before you can file a new one. Second, decide whether you want to file a provisional or non-provisional patent application. A provisional patent application is usually filed before the actual invention is completed. After you file a provisional application, you can add more information to it before you officially submit it to the patent office. A non-provisional patent application is filed after the invention is completed. It contains all the same information as a provisional application but is not subject to the provisional application's six-month deadline. Third, decide which type of patent you want to file. A utility patent protects the invention itself while a design patent only protects the appearance of the invention. Designs that are not practical (e.g., decorative patterns or shapes) can be covered by design patents while practical inventions (e.g., kitchen appliances or sports equipment) are usually covered by utility patents. Last but not least, decide whether you want to file your patent application electronically or on paper. Most large companies have in-house legal staff that they use to handle their patent work. If you work for one of these companies, you can likely complete all the necessary steps directly within the company's intranet platform. Filing your patent application online is free, but you will need to pay a fee to have it officially stamped by the patent office. Paper filings are not free but are usually cheaper for the patent office to process. It is usually cheaper for the patent applicant to pay the fee to file their application online than it is to have someone file it on their behalf. The decision of whether or not to file online or on paper should be made relatively early in the process so that you do not have to revisit it later.
Legal Requirements
The first step in the process is to complete an application form for a patent. If you are filing a provisional application, you will also need to submit a brief description of the invention. This is usually done by answering a few questions from the United States Patent and Trademark Office (USPTO) in a structured manner. These responses will help the patent examiner determine whether or not your invention is novel and non-obvious. The USPTO provides an online questionnaire that you can use to streamline this process.
If you have previously filed a patent application with the USPTO and have not received a final decision, you must follow up within six months to determine the status of your application. If you have not received a decision within six months, it is usually best to assume that your application has been denied. You can then appeal the decision or request another six-month extension if you feel that you have sufficient merit to warrant an investigation. It is also important to note that the USPTO does not provide any type of appeal for a patent application that has been denied. Once your application is denied, you have the right to reapply but you must do so within one year. You cannot appeal the denial of your application.
Procedural Requirements
After you have filed your patent application and it has been officially accepted by the USPTO, you will need to complete several steps to bring your invention to market. First, you will need to request a patent certificate from the USPTO. This patent certificate will serve as your proof of invention and is required for any individual or company that you intend on selling or licensing your invention. You can request a patent certificate under the following conditions: (1) You have been issued at least one patent before; (2) You are the original inventor of the device you are seeking a patent for; (3) Your invention is not patented or published in any country; and (4) You can pay the required fees.
Once you have a patent certificate, you can begin the process of securing financing for your invention. This process can be rather involved, and you should work with an experienced business attorney to help you navigate the complex legal and financial issues that may arise. They will be able to advise you on how to structure your business and what type of financial security you need to develop.
What Next?
After you have established your business, you can begin working on creating and disseminating detailed information about your invention. This is usually done through a series of correspondence with the patent examiner involved with your application. These letters, often referred to as follow-ups, will help guide you in refining your invention and providing sufficient detail about it for the patents to be granted. You should work with a business law firm that is familiar with the patent process to ensure that all your correspondence is properly crafted and filed.