A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner’s consent.
Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound. Many products in fact contain a number of inventions. For example, a laptop computer can involve hundreds of inventions, working together.
Any technical solution of a problem in any field of human activity which is new, involves an inventive step, and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.
The filing date of a patent application shall be the date of receipt by the Office of at least the following elements: (a) An express or implicit indication that a local patent is sought; (b) Information identifying the applicant; and (c) Description of the invention and one (1) or more claims in English or other supported languages. If any of these elements is not submitted within the period set by the regulations, the application shall be considered withdrawn.
The term of a patent shall be twenty (20) years from the filing date of the application. The term of a utility model is seven (7) years, without any possibility of renewal. The term of an industrial design is five (5) years from the filing date of the application. It may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying the renewal fee.
A provisional application is some what like a mini patent application. It doesn’t grant you any rights in itself. But it reserves for you the subject matter and the date as the first inventor. It allows filing without a formal patent claim, oath or declaration. The focus is on describing the invention as completely as possible, and many formalistic requirements of a non-provisional patent application are unnecessary to satisfy. It also allows the term “Patent Pending” to be applied in connection with the description of the invention.
A provisional patent application has a validity of 12 months only from the date of the filing of the provisional application.
If a provisional patent application is simple, informal and quick to file then a non-provisional patent is the opposite: long, complicated and difficult to file. The non-provisional application form is very long. It contains many parts and the parts have many rules. It is exhaustive and covers all the details of your invention.
Unlike a provisional pa-tent application, a non-provisional patent can issue into an enforceable claims. It is based on this non-provisional application your patent would be granted.
A provisional patent application is meant to help protect your idea and give you time to perfect it. Once you have the design and function ready, you can apply for the non-provisional patent. A provisional patent application will never itself mature into an issued patent. You have to file a complete or non-provisional application. Non-provisional (regular) patent applications are usually longer and more formal than Provisional Patent Applications. They generally include more extensive claim language. Further, whatever you’re disclosing in the Non provisional application is much more extensive, because the inventor has usually invested additional time into developing their invention during that 12-month window.
What if I change my invention after filing a Provisional Patent Application? Can it be altered or edited?
No. While a Provisional Patent Application may be re-filed at a later date, it cannot be changed after it is filed with a Patent Office. If you have made significant changes to the invention, then we recommend you to re-file the Provisional Patent Application adding any new aspects that were not included in the original application.
We take the utmost care in handling your data and ensuring that your confidentiality is safeguarded. Ownership of your idea lies with you and Bots4IP shall not lay any claim to the same. We also don’t save your patent application on our system. We just process it to extract the result. You can be confident that your information is 100% secure.
No. All of the Bots4IP tools run on web based browser. So all you need is an internet connection and any web based browser.
insPAT is a software tool for proofreading your drafted patent application. insPAT is smart, identifies minute errors and automates error-checking of patent documents. End result: You will have consistent and well-written patent applications, reducing both time and cost of expert review. Also, avoid costly office actions and rejections by identifying most of the errors beforehand.
It doesn’t matter who you are, an inventor or a patent attorney or even a law firm, if you have a drafted patent application, you can use insPAT to check for any errors in your application.
insPAT can check your patent documents for numerous errors and inconsistencies in the claims, specification, and figures! Some of the problems identified include Antecedent basis issues, inconsistent part numbers in specification and figures, incorrect claim numbers and dependencies, missing claim terms support in the specification.
It definitely is. It is much more expensive if you get your patent application reviewed by a professional. Also, the cost of correcting these errors at a later stage i.e. Office Action responses is much greater. Not just that, you also save a plenty of time.
You can upload your complete drafted patent application either in MS Word format or in .txt format for now. There is an additional feature of Copy + Paste your patent application too.
Once you have completed all the steps and submitted it for review, the results are showed on the browser. You can also download the report in Pdf format.
insPAT generates a report based on the errors present (if at all) in your patent application. Go through the same and rectify those errors.
Once you have done that, you can proceed to file the application at any PTO.