Tuesday 9 June 2015

Filling Patent Application



Coming up with an invention or new idea is requires considerable time and effort. To capitalize on the benefits of this effort, you will definitely have to protect the invention through patent. This is because you will have sole ownership of the invention thereby preventing anyone from using it and at the same time gain a competitive advantage in the market.

Where to apply for patents

While seeking patent protection, you will either choose to apply for international patent by filling a single international patent application that will protect your invention in a large number of countries at the same time. This is called hitting two birds using one stone in English. Alternatively one can chose to file separate national or regional patent applications. 

The fact remains that either you're filling an international or nation/regional patent application, the patent will be will be granted under control of the national patent office. This therefore means that if you choose to file an international patent application, you will have to do it through the national patent office.

Irrespective of whether it is an international or national patent application, patent search has to be performed so as to verify if your invention is patentable or not. This is done in different languages and technical fields so as to establish if the invention is unique (new) or has already been patented.  If a patent search is performed and it is identified that there are no patent documents related to your invention are published, the patent search authority used will then write an opinion on your invention's possibility of receiving patent. The patent office will then use this information for processing your patent.

Languages to file your patent application

Whether it is an international or national patent application, there is no uniform language that is generally accepted for patent application. The fact is that a patent application can be filed in any language depending on the patent office being used. The Japan patent office will require it to be filled in Japanese; China patent office will require patent application in Chinese while in USA, it will be required to be submitted in English. So the issue of language remains that the patent application will be filed in the language accepted by the patent office in question.

However, if filling an international patent application through the national office, it will be required that the application be filled in a language supported by international search authority (Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish). If your documents are in a language not supported, a translation of these documents into a language accepted will be mandatory

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