Author- Priyal Shah
INTRODUCTION
The word “patent” is well known to all of us. Inventions, new manufacturing processes, novel scientific discoveries, and problem-solving approaches are all eligible for patents, which are preferential legal rights. In essence, a patent provides legal protection for all innovative ideas. For instance, one of the most well-known patented inventions in human history is probably the electric bulb made by Thomas Alva Edison received it in 1878. The only requirement for obtaining a patent is to make the public aware of the invention’s technically accurate details. According to the patent law, the patent holder has the legal authority to stop or restrict others from commercially producing, using, distributing, importing, or selling an invention without the patent holder’s permission. Any of these acts are considered patent infringement if they are carried out by anyone.
PURPOSE OF PATENT
The original purpose of patent protection was to promote creativity and the open disclosure of new inventions’ specifics. Patent protection offers an incentive to share ideas by granting a temporary monopoly on their use, which some inventors may be reluctant to do out of fear that someone will copy their creation. The publicly accessible application contains a full disclosure of the invention. The inventor can recover the cost of developing the invention during the patent protection period by:
- Applying the patent in a way that prevents competition, monopolizes the market, and sets a high price.
- Giving the invention out on a license in exchange for royalties
- Bringing a claim for damages if a person or company violates the patent.
- The invention is being sold to a third party.
Compared to other forms of IP protection like copyright, patent protection is significantly more reliable. Copyright does not forbid others from expressing the same idea in a different way; it only safeguards the manner in which an idea is expressed. Additionally, patents are an effective negotiating tactic. A company may be able to negotiate a zero-sum deal or a lower licensing fee if it wants to use a patent that belongs to another company but also owns patents that company may use. You may have heard the adage “publish or perish,” which expresses the notion that scientific discoveries made by one scientist serve as inspiration for and mirror images of discoveries made by other scientists. So, industries would stall if discoveries were kept secret, so promoting publication is advantageous for society and business as a whole.
FOUR WAYS TO CREATE A STRONG, VALUABLE PATENT:
- A comprehensive explanation with parameters determining several options
The description’s main goals are to provide a general overview of the invention and to describe various alternative implementations of the invention. It is crucial to generalize the invention because it serves as the foundation for the patent claims and for amending them later on during the examination. The general portion of the description should be carefully written, and it needs to be comprehensive enough to both generalize the invention’s main concept and to detail its various application modes. In order to allow for a broad interpretation of the claims, it is crucial to provide as many different alternative ways of realizing the invention as you can. With reference to the figures, each of these embodiments should be described in detail in the description along with a list of potential alternatives for each figure element. Then, to ensure that the reader will understand the general expressions of the claims, the details of the description must be connected with the expressions used in the claims. For instance, if something is described in the claims as a “fastening means,” the description should specify that this term can refer to a screw, nail, rivet, bolt, glue, or other similar object. If the claims are fully described, they can be changed in the future without affecting the patent’s level of protection.
- Cogent and detailed figures
The features of the patent claims must be depicted in the figures as well. Therefore, it is crucial that the application contain figures that illustrate the components referred to in each claim. For instance, if the application includes claims relating to an apparatus, those details should be shown in the figures. Similarly, if the application includes claims relating to a process, those details should be shown, for example, in the form of a flow chart. A thorough set of figures also provides a good framework for comprehending the claims.
- To distinguish your invention from prior art:
Examining prior art is one of the best ways to enhance your patent claims. You can use the descriptions and justifications of related ideas that are revealed by a prior art search to support your own assertions. A thorough search may also assist you in identifying potential pitfalls, such as similarities between your invention and those of others. If similar inventions are found (which is likely), you can use the information to set your invention apart. You can include the key distinctions between your invention and those of others in your patent application once you have done so. You can identify problems with prior art and explain how your product fixes them by identifying its weaknesses. This procedure will also assist you in determining the market position of your product, which is crucial to the strength of your patent. Existing market gaps will need to be filled by your invention. Even though insulated coffee cups and mugs were already on the market, the coffee sleeve’s creator saw a market opportunity because people were still purchasing coffee to-go and the cups were too hot to hold. Although consumers weren’t likely to purchase the sleeves in large quantities, the target market of well-known coffee shops flocked to the new product because it filled a gap in the market.
- The claims – clarity
Claims must be clear in order to pass the patent examiner’s scrutiny. Some argue that a vague claim is preferable because you can later interpret it however you want. However, filing a claim for infringement based on murky claims is a risk because, as we all know, patent litigation is expensive. The legal certainty will increase if you have strong claims supporting you, and strong claims may even extend your level of protection. The features that are used in the claims shouldn’t be ambiguous or relative. They should instead be understood by most people as physical entities. As an illustration, we created a patent application for a device that the inventors claimed essentially involved the use of blue light. This is a poor definition, so we asked the creators to provide a range of wavelengths for the type of light that would be necessary for the invention to function. Now, we could clearly define the invention in the claims and even expand the scope of protection. In actuality, the invention was also most likely to function at wavelengths that the eye would actually perceive as violet as opposed to blue. A strong patent application is thus essential to obtaining a valuable patent. The application really is worth the investment. Your investment will pay off in the form of a strong patent with higher profit margins.
CONCLUSION
Individuals and businesses who invest in the development of new technology can benefit greatly from patents and see increased returns. When deciding how, where, and when to patent a product, one should use a smart strategy that balances commercial objectives with the ability to implement the technology. For example, a company may be able to save a lot of money and strengthen its patent rights by focusing on global issues and local regulations in specific countries.
