The Patent Process
The process typically involves a filing of a patent application, with a suitably detailed written specification, prior to any public disclosure or sale of the invention (some countries may provide some grace periods but these may not apply outside of that country, and are best avoided if possible). Where it is permissible to file a provisional specification (as opposed to a complete specification) - e.g. New Zealand, Australia, UK, USA - the written specification may be a little more speculative in scope - it is recognised that it may have been necessary to file the application before the invention was fully developed, if development or testing in public is required. However the specification should still clearly state the nature, intention, and application of the invention. As development continues it may be necessary to file additional patent specifications to include new material, before that material is made public. These specifications are typically cognated (combined) at the time of filing a complete specification. While a completed specification may be filed in the first instance, the filing of provisional specification(s) typically provides a more flexible and useful solution to businesses and inventors. When a complete specification is filed - typically within 12 months of the first filed patent application for the invention - the specification must be more detailed (and has certain specific requirements) and must include patent claims defining the specific scope of the invention, At this stage overseas patent applications may be filed in individual countries or regions of interest (under the Paris Convention for signatory countries) or the alternative route of the International PCT patent application may be additionally or alternatively followed. With the PCT application there is an intermediary process involving searching and optional examination and amendment before patent applications in specific countries and regions need to be filed. Often the PCT route is chosen as it delays filing in most individual countries and regions for up to 31 months (varies) from when the first patent application was filed. This additional 18-19 months (30 for Canada) gives applicants additional time to decide where they need to file applications, and to finalise business and distributorship deals and the like. Once a complete specification is lodged it will be examined. Many countries require an examination request and fee to be lodged, and sometimes additional information. When examination occurs, the applicant will be given an opportunity to respond and remedy matters. Often several responses may be required, as often the process becomes a negotiation between applicant and examiner to obtain the broadest patent protection. When all objections are overcome, the application will be accepted. In many countries the accepted application may be advertised for the purposes of opposition, to allow a party with suitable grounds to oppose the grant of a patent on the application. These are relatively rare, but typically motivated by commercial reasons and launched by competitors. Often opposition comes as no surprise to many applicants, especially when working in a close field for similar inventions to competitors, though oppositions have specific grounds other than a dislike of one's competitors. Once granted the patent will stay in force for a maximum term (often 20 years for most countries) or until it is relinquished - often by stopping the payment of regular renewal fees (sometimes annually, and sometimes at longer intervals). Procedures do vary from country to country, and there are often many optional additional steps that can be taken during the process of a patent. As these options often disappear once a patent is granted, it is often a good strategy to keep patent applications in the processing stages for as long as permissible - this often allows you to make changes (e.g. amending patent claims or filing continuation and divisional applications) which can keep shifting the goalposts for a rival seeking to determine the actual extent of your registered protection before they make a move. |
The Patent Process is:
- multiple step;
- able to provide several options for extending protection overseas;
- flexible to allow protection to be tailored to your needs;
- able to provide useful options for strategies that adapt to the commercial environment;
- able to provide a strong and precise form of protection, depending on the novelty and inventiveness of your invention.
- multiple step;
- able to provide several options for extending protection overseas;
- flexible to allow protection to be tailored to your needs;
- able to provide useful options for strategies that adapt to the commercial environment;
- able to provide a strong and precise form of protection, depending on the novelty and inventiveness of your invention.