USPTO – Reexamination Request – Update – Mar 02 to Mar 08, 2011

The United States Patent and Trademark Office (USPTO), on a weekly basis, publishes information corresponding to reexamination requests received by them.

InvnTree has compiled in a spreadsheet, the information published by the USPTO and additional information about the patents for which reexamination requests have been filed.
The current compilation provides updates for the period of March 02, 2011 to March 08, 2011.

The compilation can be accessed below or downloaded here.

We provide reexamination support services. Feel free to check our patent services page to find out if we can cater to your patent requirements. You can also contact or ask us a question and have it answered within 24 hours.

Best regards – Team InvnTree

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License
 

USPTO – Reexamination Request – Update – Mar 02 to Mar 08, 2011 – InvnTree

Patent Office India – Published Patent Information – March 04, 2011 – InvnTree

Patent Office in India publishes patent information on a weekly basis (on Friday each week). This is a public notification, enabling you to take appropriate action if desired.

The publication includes published patent applications and granted patents, among other information, for the week of March 04, 2011.

You may go through this publication, and if you find patent information that has an impact on your business, then you may take appropriate actions, such as:

Data sourced from Indian Patent Office by Team InvnTree. The data can be downloaded here and can also be accessed  below.

I hope you find this data helpful. Check our patent services page to find out if we cater to your patent requirements. Also, feel free to contact us or ask us a question and have it answered within 24 hours.

USPTO – Reexamination Request – Update – Feb 23 to Mar 1, 2011

The United States Patent and Trademark Office (USPTO), on a weekly basis, publishes information corresponding to reexamination requests received by them.

InvnTree has compiled in a spreadsheet, the information published by the USPTO and additional information about the patents for which reexamination requests have been filed.

The current compilation provides updates for the period of February 23, 2011 to March 1, 2011.

The data can be downloaded here and can also be accessed  below.

We provide reexamination support services.

Feel free to check our patent services page to find out if we can cater to your patent requirements. You can also contact or ask us a question and have it answered within 24 hours.

Best regards – Team InvnTree   

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License

USPTO – Reexamination Request – Update – Feb 23 to Mar 01, 2011 – InvnTree

How to Conduct a Patent Search?

A patent (prior art) search is a process of identifying granted patents and published patent applications (collectively referred to as patent documents) that bear similarity to the subject matter which is of interest to you. A patent search is most often the first step in achieving different objectives, some of which are:

  • Determining the probability of having a patent granted to a proposed invention
  • Determining if you have the freedom to operate
  • Determining if a granted patent can be invalidated

Based on the objective, the search strategy can vary to some extent. Also, in addition to conducting a search in patent databases, a search can be conducted to identify relevant non-patent literature. In this article however, we will be talking about carrying out a search to identify relevant patent documents using free online patent databases (although, in my opinion, paid databases add substantial value).
The free online patent databases I suggest are:

Using any of the above mentioned search databases, you can use various search strategies to identify relevant patent publications.

Top 5 patent search strategies

  1. Key string search
  2. Patent classification search
  3. Citation based search
  4. Assignee based search
  5. Inventor based search

1.    Key string search
A key string search is an activity of querying a patent database using key strains that are formed using key words. A step-by-step process of carrying out a key string search is provided below:

  • Identify words that define the features of your invention
  • Identify words that are synonymous to the words identified in the previous step
  • Form key strings that can be used as a search query in the database:
  1. Combine synonymous words using OR operator. A search query such as (attach OR secure) will return documents (results), which have the word “attach” or “secure” or “attach” and “secure”
  2. Join combinations of words using AND operator. A search query such as (attach OR secure) AND (rod OR bar) will return documents which have one or more of “attach” and “secure” AND one or more of “rod” and “bar”
  3. Use operators to capture semantic variants of the key words. Ex: “attach*”, this query will return documents which have at least one of “attach”, “attached”, “attaching” and “attaches”. Please note that, generally databases use the operator “*” or “!” to enable capturing semantic variants. Read the help section of the database you are using to identify the correct operator. 
  4. Example of a search query formed using the above described operators:(attach* OR secur* OR connect* OR fasten*) AND (rod* or bar* or slab*) 

Note that some databases also allow you to define the proximity within which your key words should be from one another in returned documents. You may also use such proximity operators to narrow your search query.

Further, if time is a constraint, then you can start with a narrow search query and then decide on broadening the query depending on the results you find.

Also, you can define the fields in the document in which you want to search. Again, if time is a constraint, then you can start with searching only in “title”, followed by “title + abstract”, followed by “title + abstract + claims” and finally in “complete specification”. You decision to expand the scope of fields of search may depend on the relevancy of the results you find. 

Remember, key word search can be very tricks. Most often, success in key word searching depends on the exhaustiveness of the key words, which you have used. For example, if you are searching for documents relating to pen by using only “pen” as your query, then you will miss documents, which in fact relates to pen, however, the word “pen” is not present in the document. Instead, they might have used the phrase “writing instrument”.

In my opinion, if you want reduce the risk of not identifying some relevant results, then you should carry out a patent classification search in addition to key word search. 

2.    Patent classification search
Patent classification is a hierarchical system in which technology has been classified. Each patent application will be assigned one or more class based on the technology to which it relates.

You will have to identify one or more classes that are relevant to your invention to conduct a classification search. There are various classification systems, such as, US patent classification, European Classification (ECLA) and International Patent Classification (IPC). I recommend identifying relevant IPC codes, as almost all the patent offices assign IPC classes to the applications they receive. Hence, by using IPC codes as search query, you can search patent documents filed across various patent offices. Alternatively, if you were to use US classes in your classification search, then you would be able to search only US patent documents.

There are several ways of identifying the relevant IPC codes, some of which are:

  • Browsing through the hierarchical IPC system. Note that the IPC system has ~ 69200 classes. Hence, some might find this approach tedious and ineffective.
  • Indentifying relevant IPC codes using “catchwords”. A list of catchwords can be accessed using the above link. Select catchwords that relate to your invention. Subsequently browse through the classes listed under the selected catchwords to select relevant IPC codes.
  • Using the relevant/related patent references that you found using key word search to identify relevant IPC codes.

Personally, I prefer this approach. In my opinion, the ideal way to go about it is to run a narrow key word search (broaden it based on the results) and identify a few related/relevant references. Thereafter, pick the IPC classes assigned to those patent documents. Additionally, if available, gather all the IPC classes, which the patent examiner had used while examining the identified patent documents. After gathering a list of potentially relevant IPC codes, read the definition of each of those IPC codes and IPC codes that are closely related to them to identify the IPC codes that can be used for your patent search.

If you find IPC codes that are very relevant to your subject, then you can query the database using such IPC codes without adding further restrictions. However, in some case, IPC codes are a little vague and define a very broad scope. In such a scenario, querying the databases using only IPC codes may yield large number of results. Depending on the time constraints, it might not always be possible to review large number of patents. The number of results can be reduced by adding broad key words as limitation to the query that includes IPC codes.

In my opinion, the keyword searching is like trying to catch a fish using an arrow, and classification searching is like catching using a net.

After you have completed your keyword and classification searching activities, I strongly recommend citation based search to make your search more fool proof.     

3.    Citation based search
Citation is reference to prior technology. The references can be cited by a patent applicant or the patent examiner. Further, a patent document may have backward citations (references the patent document is citing) and forward citations (references that are citing the current patent document). You may consider both backward and forward citations (collectively called citations) for your search.

To carry out this exercise, extract citations from all the relevant documents that you found using the first two search strategies. Thereafter, analyses the cited documents to uncover more references that are relevant. If you find relevant references among the citations, then carry out citation search exercise for all the newly found relevant patent documents.

After completing the search activity using the first three strategies, you can follow it up with assignee and inventor based search to further reduce the risk of missing some relevant references.

4.    Assignee based search
To carry out assignee based search, extract a list of assignees/applicants from the list of relevant documents you found using the previous search strategies. Now you can query the database using assignee/applicant names. Note that you might end up reviewing the same documents again and again (one of the many drawbacks of free databases). In some cases, an assignee/applicant might have very few patents to their name. If there is less number of patents, then you can choose to review all the documents. However, if the assignee/applicant has more number of patent documents to their name, then you might have to add some limitation to the search query to reduce the number of results. I advise you to use limitations whose scope varies from the scope of the limitations that were used in our initial search strategies.

5.    Inventor based search
Inventor based search is carried out by extracting a list of inventors’ name from the list of relevant documents you have found using the previous search strategies. Now you can query the database using inventors’ name.

After you have completed the assignee and inventor based search, if new relevant documents are found, then another round of citation search exercise using the newly found references would make your search more comprehensive.

These five search strategies will collectively make your patent searching exercise comprehensive and increases the probability of uncovering relevant patent references. You can download this article here.

I hope this article helps you in patent searching. Please feel free check our patent services page to find out if we can cater to your patent requirements. You can also contact us or ask a question and have it answered within 24 hours.

Best regards – Team InvnTree   

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License

Patent Office India – Published Patent Information – InvnTree Feb 25, 2011

The Indian Patent Office publishes patent information on a weekly basis (on Friday each week). This is a public notification, enabling you to take appropriate action if desired.

The publication includes published patent applications and granted patents, among other information, for the week of February 25, 2011.

You may go through this publication, and if you find patent information that has an impact on your business, then you may take appropriate actions, such as:

  1. File pre-grant opposition on published patent applications
  2. File post-grant opposition on granted patents

Data sourced from Indian Patent Office by Team InvnTree. The data can be downloaded here and can also be accessed  below.

I hope you find this data helpful. Check our patent services page to find out if we cater to your patent requirements. Also, feel free to contact us or ask us a question and have it answered within 24 hours.

Indian Patent Office – Published Patent Information – InvnTree Feb 18, 2011

The Indian Patent Office publishes patent information on a weekly basis (on Friday each week). This is a public notification, enabling you to take appropriate action if desired.

 
The publication includes published patent applications and granted patents, among other information, for the week of February 18, 2011.
 
You may go through this publication, and if you find patent information that has an impact on your business, then you may take appropriate actions, such as:
  1. File pre-grant opposition on published patent applications
  2. File post-grant opposition on granted patents
Data sourced from Indian Patent Office website  by Team InvnTree. The data can be downloaded here and can also be accessed  below.
 

 

I hope you find this data helpful. Check our patent services page to find out if we cater to your patent requirements. Also, feel free to contact us for any information you may require.

Indian Patenting Process Timeline

Each country follows its own predefined procedure of receiving patent applications, examining the applications and granting patents or rejecting patent grants. Based on the procedure followed by a patent office, the time required to have a patent granted to your invention can vary.

Indian Patent Office (IPO) also follows a predefined procedure, and this article provides an overview of the procedure and timelines corresponding to patenting your invention in India.
In the present context, I think you will find our articles, “What are the different patent filing options?” and “How much does it cost to get a patent in India?”, useful.
 
Some of the steps in this process revolve around the phrase “priority date”. Priority date is the date of filing of the first patent application for your invention. For example, if you have filed a patent application for your invention in US on January 01, 2010 and thereafter, you filed a patent application for the same invention in India on March 10, 2010, then the priority date will be January 01, 2010. On the other hand, if you haven’t filed any patent application for your invention previously, then the data of filing of patent application in India will be the priority date of your patent application.
 
The flowchart provided in this article illustrates the timelines involved in this process. The steps in blue blocks are actions that have be taken by you (applicant) and the steps in white block are actions that are taken by the IPO.
 Indian Patent Process Flowchart

Step 101

File a patent application in the IPO. I think you might find our articles on “Patent Application Filing Procedure/Process in India” useful.

Step 102
File an early publication request.
Filing an early publication request is an optional step. This request is filed to have your patent application published early. Filing an early publication request helps in expediting the patent examination process.
 
Step 103
If you file an early publication request, then your patent application will be published by the IPO, generally, within 1 week from the data of receiving the request.
 
Step 104
If the early publication request is not filed, then the IPO publishes your patent application after 18 months from the priority date.
 
Step 105
File a request for examination. This request can be filed within 48 months from the priority date. Note that the IPO will not examine your patent application, unless this request is filed. Hence, if you wish to expedite the patent process, early filing of the examination request is advised.  
 
Step 106
Once the IPO receives your request for examination, the IPO puts your application in queue for examination. Subsequently, your patent application will be examined by the IPO. In light of the examination, if the IPO is of the opinion that your patent application satisfies all the requirement of patentability, then a patent is granted to your invention.
 
Step 107
On the other hand, after examining your application, if the IPO is of the opinion that the requirements of patentability are not met, then a First Examination Report (FER) is issued.  
 
Step 108
 
You will have to respond to the FER within 6 months from the date of the FER. However, it is advisable to respond as early as possible. By responding early, you provide an opportunity to the IPO to issue another examination report if the IPO is not convinced by your response to issue a patent.
 
Please note that issuance of subsequent examination reports by the IPO and responding to the same by the applicant can occur within 12 months from the date of the FER.
 
Also, note that you can request the IPO for a hearing and the IPO is obligated to provide you the same.
 
Step 109 and 110
 
In light of the communication with the IPO, the IPO can either grant a patent or reject granting of a patent.
 
Note that, if the IPO does not grant a patent, then you may, if you wish, appeal against the decision of the IPO. The Intellectual Property Appellate Board (IPAB) is authorized to hear such appeals.
 
Please note that, the most important factor in filing a patent application is preparing a patent specification. Drafting a patent specification is a highly skilled job, which can be only preformed by persons who have both techinical as well as patent law expertise. If a person or company is serious about protecting their intellectual property, it is highly recommeded to use the services of professional patent practitioners. To know more about this, you can read our article on this here.
 
I hope this article helps you in filing patent applications in India. Please feel free check our patent services page to find out if we can cater to your patent requirements. You can also contact us to explore the option of working together.
 
Best regards – Team InvnTree   
 

Patent Application Filing Procedure-Process in India

Patent Application Filing Procedure-Process in India

Filing a patent application in the Indian Patent Office is the first step towards securing a patent to your invention in India. To file a patent application, a set of forms has to be submitted to the patent office. The forms can be submitted online (http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin) if you have a class 3 digital certificate. Alternatively, you can send true copies (hard copies) to the patent office. The patent office charges 10% additional fee if applications are filed offline.

Please note that, the most important factor in filing a patent application is preparing a patent specification. Drafting a patent specification is a highly skilled job, which can be only preformed by persons who have both techinical as well as patent law expertise. If a person or company is serious about protecting their intellectual property, it is highly recommeded to use the services of professional patent practitioners. To know more about this, you can read our article on this:
 
Further, we have provided this article for knowledge purposes only. It is recommened to avail services of professionals to file patent applications, as mistakes will prove costly. Thorough understanding of the Indian Patent Act is essential for filing patent applications. Patent agents have understanding of the Indian Patent Act and are the only persons (other than the applicant themselves) authorized by the Patent office to file patent applications on behalf of the applicant. InvnTree employs patent agents.
 
Indian patent offices are located at Delhi, Kolkata, Mumbai and Chennai. The patent application has to be filed in the appropriate office based on your/your company’s location. The table below provides the addresses of the patent offices in India and their respective territorial jurisdiction.
Office Address Territorial Jurisdiction
Mumbai

Intellectual Property Office, Boudhik Sampada Bhawan, Near Antop Hill Post Office, S.M.Road,Antop Hill, MumbaiI – 400 037.

Phone: 24137701, 24141026, 24150381, 24148165, 24171457 FAX : 24130387 EMAIL: mumbai-patent@nic.in

The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli
Chennai

Intellectual Property Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032,

Phone: 044-22502081-84

FAX: 044-22502066,

Email: chennai-patent@nic.in

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep
New Delhi

Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075,

Phone : 011-28034304, 28034305 28034306

FAX:011- 28034301,02

Email: delhi-patent@nic.in

The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh.
Kolkata

Intellectual Property Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091,

Phone : 23671945, 1946, 1987,

FAX-033-2367-1988,

Email:- kolkata-patent@nic.in

The rest of India.
Once you have identified the patent office in which you have to file your patent application, it is now time to get an overview of the forms that have to be submitted.
 
To file a patent application, you will have to submit form 1, form 2, form 3 and form 5. Subsequent to filing these forms with the appropriate fees, you will receive a patent application number from the patent office. You can choose to file form 9 (optional) and form 18 along with fiing a complete application or after filing a complete application. You can download the Indian patent application filing forms.
 
In the table below, the list of forms that have to be submitted and their respective fees is provided. Please note that, the fee mentioned is for E-filing only. The patent office charges an additional fee of 10% over the fee for applications filed offline.
 

 

 

Form

 

 

 

Title

Patent office Fee (INR) 1$ = ~ 60 INR

E-Filing only

 

 

 

Comment

Applicant-Natural person/ Startup Applicant –

 

 

other than natural person

Small Entity Others except small entity
1 Application for Grant of Patent 1600 4000 8000 Mandatory
2 Provisional/Complete Specification No fee* No fee* No fee* Mandatory
3 Statement and Undertaking Under Section 8 No fee No fee No fee Mandatory
5 Declaration as to Inventorship No fee No fee No fee Mandatory
9 Request for Publication 2500 6250 12500 Optional
18 Request for Examination of Application for Patent 4000 10000 20000 Mandatory

 * – A fee of 160/400/800/sheet, based on the type of applicant, is applicable for each sheet exceeding 30 sheets in a patent specification. Further, a fee of INR 320/800/1600/Claim, based on the type of applicant, is applicable for each claim exceeding 10 claims in the patent specification.

Before reading further, I recommend reading our article “How much does it cost to get a patent in India?” I think it will help you in taking some decisions during the filing process.
 
​You may also calculate the patent office fee using our cost calculator below: All fee in USD.
 

Indian Patent Filing Cost Calculator

 
It should be noted that Forms 1, 2, 3 and 5 can be submitted online. All forms of the patent office can be filed online.
 
An overview of each of the forms is provided below.
 
Form 1 – Application for Grant of Patent
As the name suggests, this form is an application for grant of patent in India. In this form, you will have to furnish information, such as, name and address of the inventor(s), name and address of the applicant(s), information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed, and some declarations, among other information.

 
(Added after receiving comments from Mr. Naren) Please note that a local communication address (address in India) has to be provided. This point is of importance to foreign (Non-Indian) applicants.
 
Form 2 – Provisional/Complete Specification
Form 2 is used to furnish your patent specification. The patent specification can be provisional or a complete patent specification depending of the type of patent application (provisional or complete) you are filing. You might find our article on “What are the different patent filing options?” useful.

 
If you are filing a provisional patent application, then use the following preamble in the first page of Form 2:

The following specification describes the invention

On the other hand, if you are filing a complete patent application, then use the following preamble in the first page of Form 2:

The following specification particularly describes the invention and the manner in which it is to be performed

Note that, if you are filing offline, 2 copies of the patent specification has to be sent to the patent office. Additionally, count the number of sheets and claims (extra fee for more than 30 sheets and more than 10 claims) and calculate the appropriate fee. While counting the sheets, even the drawing sheets will have to be taken into account.

Form 3 – Statement and Undertaking Under Section 8

Form 3 is used to furnish information/actions relating to patent applications filed in other countries for the current invention. Additionally, any information relating to the rights corresponding to the present patent application has to be furnished. Further, you would be using form 3 to undertake that you will be keeping the patent office informed in writing the details regarding corresponding applications for patents filed outside India. You can read more about this in ourarticle.

Form 5 – Declaration as to Inventorship
This application is used to declare the inventors of the subject matter sought to be protected using the current patent application.

 
Form 9 – Request for Publication
If this form is not filed, then the patent specification will be published by the patent office after 18 months from the priority date (filing of the first patent application for the current subject matter). On the other hand, by filing this form, you can generally have your patent specification published within 1 month from filing this form. Note that the patent rights start from the date of publication of the patent application (enforceable after grant of patent).

 
Form 18 – Request for Examination of Application for Patent
This form can be filed within 48 months from the priority date. The patent office will not consider your patent application for examination unless this form is filed. Hence, if you wish to expedite the patenting process, filing of form 9 and 18 at an early stage is advised. A startup can also request for expedited examination of their patent application. The fee for this is INR 8000. At present, the patent office has limited this request to about 1000 request in a year.

 
As a final note, I would advise you to go through our article only for the purpose of gaining knowledge of the patenting process, not as a guide to file patents on your own, since this will lead to adverse affects at a later stage.
 
You may read our other articles to gain more understanding of the patent system:
I hope this article helps you in filing patent applications in India.
 
Please feel free check our patent services page to find out if we can cater to your patent requirements. You can also contact us to explore the option of working together.
 
Best regards – Team InvnTree
 

Indian Patent Office – Published Patent Information – InvnTree Feb 11, 2011

The Indian Patent Office publishes patent information on a weekly basis (on Friday each week). This is a public notification, enabling you to take appropriate action if desired.

The publication includes published patent applications and granted patents, among other information, for the week of February 11, 2011.

You may go through this publication, and if you find patent information that has an impact on your business, then you may take appropriate actions, such as:

  1. File pre-grant opposition on published patent applications
  2. File post-grant opposition on granted patents

Data sourced from Indian Patent Office website  by Team InvnTree. The data can be downloaded  here and can also be accessed  below.

I hope you find this data helpful. Check our patent services page to find out if we cater to your patent requirements. Also, feel free to contact us for any information you may require.

Are patents always the best way to protect inventions?

To answer this question, let us first look at the bright side of patent. If you have a patent granted from your invention, it gives you the rights to exclude others from commercializing your patented technology for 20 years in the country in which it is granted. In other words, it means, you enjoy monopoly over the patented technology for 20 years in the country in which it is granted.

This sounds like a great way to protect your invention. However, before drawing such conclusion, let us try to get an idea about the effort involved in getting a patent granted.
  • On an average, it takes ~47 months (identified using a sample of 3191 US patents granted in the year 2011) from the date of filing a patent application to get a patent granted. Patenting is a time consuming process.
  • Patents are territorial. This means, you will have to file patent applications in each country in which you want to protect your invention.
  • You will have to pay a statutory fee to the patent office in each country you file a patent application. Additionally, you will also have to pay the patent consultant who helps you with filing the patent application in the respective country (we once received a quote of $2000 from a Japanese attorney for filing a patent application in Japan). In a nutshell, patenting is an expensive process.

Irrespective of all these hurdles, individuals and companies file for patents. In certain circumstances, it makes perfect sense to protect your inventions using patents. However, in my opinion, you should ask yourself some questions before you decide to protect your invention using patents.

  • How easily can my invention be reverse engineered?
  • How easy is it for someone to work around the invention and achieve the advantages provided by the invention?
  • Is the invention attractive enough for someone to copy it?
  • For how many years will this invention be relevant to the industry? 

 

patent protection - InvnTree
How easilycan my invention be reverse engineered?
 
In rare occasions, the nature of invention is such that reverse engineering the same is extremely difficult. In such cases, it is advisable to protect the invention as trade secret. By maintaining your invention as trade secret, you can benefit from it as long as someone reverse engineers it. On the other hand, if you were to protect this type of invention using patents, your protection would be limited to 20 years and to the countries in which you have secured a patent. Additionally, your competitors will get sufficient information from the patent specification, which can be used to work around your invention.
 
Companies often use patent and trade secret protection wisely together to derive maximum benefit.
 
How easy is it for someone to work around the invention and achieve the advantages provided by the invention?
One of the main objectives of getting patent protection is to ensure that advantages of your patented technology are not provided by your competitors’ products/processes. However, in some cases, the nature of the invention is such that, one can easily work around your patented invention, irrespective of how well a patent specification is drafted. In such cases, even if you do get a patent for your invention, you may not essentially gain any significant advantage from that patent. When such is the scenario, patenting may not be the best step forward, especially in cases where money is a concern.
 
However, if you indeed decide against patent protection in the above-discussed scenario, you can consider defensive publication as an option. By adopting defensive publication, you ensure that competitors do not patent obviously-similar technologies and stop you from using such technologies.
 
Is the invention attractive enough for someone to copy it?
 
Well this question, in most cases, is extremely hard to answer. However, if the answer to it is a straight NO, then from a commercial point of view, it may not be a good idea to get patent protection. As mentioned earlier, patents give you the rights to exclude others from copying your invention. If nobody is interested in copying your invention, then there are very few reasons to get patent protection. However, as in the previous case, if you decide against patent protection, you may consider defensive publication as an option.    
 
For how many years will this invention be relevant to the industry?
 
Some industries are such that certain technologies become redundant within an extremely short span of time. Considering the time consuming nature of patenting process, sometimes the technology you are intending to patent becomes redundant even before your patent application is published by the patent office, leave alone granting of patent.
 
In cases where life span of technology is significantly short, you will have to consider factors such as, the time required to copy your invention by your competitors and potential revenue generation from the patented technology. If your invention is such that, the time required for copying your invention and launching a product based on that technology by your competitors is pretty much equivalent to the life span of that technology, then I see few reasons for patenting. Instead, a defensive publication is a better option.
 
To conclude, one needs to take an informed decision on protecting business interests, be it through patent protection or otherwise.
 
I hope you find this article helpful in taking decisions with respect to your inventions. You Can download a complimentary copy of this article here
 
Please feel free check our patent services page to find out if we can cater to your patent requirements. You can also contact us to explore the option of working together.
Best regards – Team InvnTree