Patenting is a mechanism to protect the property of an invention. It is important to know that the patent has a limited duration in time and that not everything can be patented.
It should also be noted that the process of registering a patent is complex and very technical, so it is recommended to have experts and patent professionals for this purpose. You could contact InventHelp to do this work for you and they can help you market your invention in the correct way.
The registration process can last between three and four years. It is recommended to ask a series of questions before requesting the registration of a patent:
- Is the patent really needed?
- Has the total cost of the patent been studied?
- Is it time to apply for a patent?
- Does your invention have a short product life cycle?
- Who will pay to enforce the patent?
- Does the patent have sufficient strength to resist a challenge?
The phases of the registration of a patent in the Patent and Trademark Office are the following:
Phase 1. Start of the process
The documentation that must be submitted to the Patent and Trademark Office is as follows:
- Patent application
- Applicant data – Description of the invention
- Plans (if applicable)
At this stage of the process, it is necessary to pay a fee. It is recommended that a patent attorney manage the entire process. The cost of the lawyer is independent of the fees charged by the Patent and Trademark Office. You can learn more about InventHelp through Indeed page: InventHelp Careers and Employment.
Phase 2. Date of submission and prior examination
If the documentation seems to be in order, an exam is done for everything to be correct and an initial exam is performed. From this moment you can apply for patents in other countries.
Phase 3. Search
A search report is prepared, in which copies of all prior art documents that an experienced examiner has found and that have been considered relevant to the invention are listed and included.
Phase 4. Publication
The request is published eighteen months from the date of submission. This application must also be published in databases accessible to third parties worldwide.
Since then, another six months are available to take two decisions:
- – Do you want to carry out your request? If so, a more detailed examination will be requested (the so-called “substantive examination”).
- – Which countries do you want to include (“designate”) in the protection of your patent? In this case, some fees must be paid.
Once the patent is granted, it is possible to claim damages for infringements that originate from the date of publication of your application.
Phase 5. Background examination
If a substantive examination is requested, Patent and Trademark Office must decide whether its invention and its application meet the requirements of the patent convention. This phase often involves a dialogue between examiners and their patent attorneys, which may result in the rewriting of fundamental parts of your application. A patent attorney will defend the application, and this is one more reason why it is essential to have professional representation.
Phase 6. A decision on the grant of the patent
If the examiners decide to grant the patent, and all fees have been paid and all translations of the claims submitted. The decision favorable to the concession has effect from the date of its publication.
Phase 7. Validation
In this phase, a “beam” of individual national patents must be formed. Once the Patent and Trademark Office’s decision to grant the patent has been published, it must be validated in each of the designated states within a specified period. Otherwise, the patent may not be enforceable in a certain state.
Phase 8. Opposition
A granted patent may be subject to opposition by third parties, usually the applicant’s competitors if they believe it should not have been granted. Since the grant is published in the European Patent Bulletin, there are nine months to submit opposition notifications.
Phase 9. Resource
All decisions of the Spanish Patent and Trademark Office are subject to appeal.