Why Startups need to know about Patents?
And yes there is definitely a correlation between startups and patents. Patents are not only restricted to Inventions or Inventors but Startups also have a relation with intellectual Property Rights. Moreover just not a relation, Intellectual Property Rights do protect Startups.
Do I Have to build it before I Patent it?
No, it is not a compulsion. You just have to describe your invention with full details and specifications, need not necessary you have to personally build it. The inventors must describe the invention to enable someone in the field to use it or practice it. So on the whole you do not have to build the invention personally.
Who gets the Patent, First to File or First to Invent?
Yes, of-course, the person who first applied the patent gets the Patent. Most countries work on First to File basis. The U.S. used to be a “First to Invent system” but afterwards changed into “First to File”.
What right do Patents Provide?
Patents provide exclusionary right. What they do is, block or stops other from what is defined in your patent claim. This also means that a patent is only as good as it claims, narrow claims block less, and broader claims block more.
Why not always draft the broadest Imaginable Claim?
Validity. Patent law requires inventions to be new not obvious. The broader the claim, the easier for the patent examiner or the court to say “someone has already invented it”. In such case the application gets rejected.
What is better, Quality or Quantity?
Quality matters more for most countries but the thing is some countries demand quantity. Having a cliff of patents too numerous to defend against is expensive and unobtainable for most companies. For a great majority of companies,quality patents are mandatory to deliver real value.
What about Patent generate Values?
Having a pot of claim scope. Broad enough to cover infringement, but narrow enough to avoid validity attacks. Also having easily perceivable infringement rather than hard to detect infringement. Perhaps most important, having patent claims that align with and support a business strategy.
Aren’t Software Patents Dead?
In the U.S. certain types of software patents have gained attention this year. But the situtation has recently imroved for patentee. While”business method” invention are often difficult to patent, software based inventions in countless field remain obtainable.
Do I want “Method” Claim or Product “Claim”?
Often, both consider who the likely Infringer be. Will they be practising a method, or making or selling product. Tailor the claims to capture likely infringing act.
Patent Litigation Prohibitively Expensive, So why bother?
You should always remember without the patents anyone can own your technology. That can be more costly. One of the way to minimize the cost is to obtain quality patents. The stronger patents, the less likely the competitors will risk infringing, and if they do the enforcement is cheaper and quicker. Strong patents can also persuade law firms to take case on contingency.
What Inventors need to know about Patents?
Whether you are individual or a part of startup, its important to have a basic knowledge of patents and application process. To help you remove unnecessary roadblock, here are five things that you should know:
Be Careful on what you say: If you choose to represent yourself as a inventor in a patent application, you will have to endure the admission process yourself. Without the help of experienced patent attorney, you might get lost. Do not forget anything you say in an patent application might be or might not be used against you.
Do not wait to file
The United States ranked ninth in patents worldwide, and is known as “First to File” nation. U.S. Patent law have been changed recently, and if one of your rivals have a patent attorney speeding their application along, you could miss on your big break. Remember First to File means File First.
Provincial Patent Application can be very helpful
While there is no such thing as Provisional Patent but there is definitely a provisional patent application. This concept was put into practice with the hope that it would give inventors more leeway to apply for patents without the large fees associated with the process.
Patent Drawing
Patent attorney service cannot stress enough how important it is to include, patent drawing and illustrations in your applications. While all application requires at least one, the more you have the better. If your application is extremely well-detailed, you have a better chance of being granted patent.
Be Specific
Sometimes would be inventors try to file patents when they only have a vague concept in mind. Dont contact patent lawyers or ask them to help with you patent application before you are ready.
