The Detailed Explanation of the Patent Application Process

Patents are intellectual property rights granted to inventors for their inventions. They give protection to inventors from other companies infringing on their patents. A patent is simply a formal written description of an invention. Inventors describe their ideas using words, drawings, or photographs. The patent application process involves filing forms, filing fees, and submitting documents to government agencies. Once approved, the patent becomes valid for 20 years.

A patent application is a legal document filed with the IPO that describes a new invention or discovery. This document can be filed by anyone who wants to make the patented idea public knowledge. A patent is a legal document that gives holders exclusive rights to an invention for a certain period. The purpose of filing a patent is twofold. First, it allows someone else to copy your idea without risking litigation. Second, it protects against competitors trying to develop similar technologies independently.

How does the patent application work? How does it benefit me?

The Philippines has a very strong IP system, where individuals or companies can register their inventions, processes, devices, software, or other intellectual property through IPO. The intellectual property rights (IPRs) granted by governments to inventors prevent other individuals or companies from using their inventions without permission. A patent gives its holder exclusive rights to utilize the invention for some time.

Patent applications are filed at the Intellectual Property Office, which is part of the Department of Trade and Industry (DTI). When filing a patent application, applicants must submit specifications, drawings, and a description of the claimed invention. The DTI determines whether the application is allowed after conducting a technical review. If the application is permitted, the applicant is given a patent number.

The inventor, his heirs, or his assigns are the sole owners of the patent. The right to a patent would belong to two or more people jointly if they created the innovation. The person who applied to the invention, or in the case of multiple applications submitted for the same invention, the applicant with the earliest filing date or earliest priority date, is the one who is entitled to the patent if two or more people independently and separately came up with the invention.

Your invention should meet certain pre-determined parameters. So before applying, the inventor should do in-depth research about the invention. To have a better lookout, here are some pointers to see whether a product is eligible enough for patent application:

  • It should not be a copy of previous innovations, which means it should be original.
  • The invention should showcase the skills of the inventor.
  • The invention should have some useful features.

You can ask the experts in detail to know more about the technicalities. You should file for a patent application if your invention falls under the above parameters. Gather all the below-mentioned documents.

  • The IPO provides a request form for the grant of a Patent.
  • A detailed description of the invention, including claims and specifications.
  • Defined drawings.
  • The specified filing fees for the form.

What happens after I file my patent application?

Following submission to the IPO, the application will be subject to formality review, search, and classification of the technology field to which the invention relates. It will be made public in the IPO e-gazette once eighteen months have passed from the filing date. This will allow third parties to submit written comments regarding the invention’s patentability, to which the applicant may respond.

A decision will be made if the Patent Examiner approves the application. The grant must be published in the IPO Gazette within six months of receiving a patent. To prove that the invention was granted, Letters Patent will be issued.

Within six months of the publication date, the applicant must submit a request for a substantive examination. It is assumed that the application has been withdrawn if such a request is not made. The application will go through a review process where the Patent Examiner will determine if it qualifies for a patent. The applicant will be informed if the patent examiner rejects the application and will have the opportunity to make changes or a defence.

Conclusion

A patent protects the owner from other companies copying or using their invention without permission. Patents can be useful tools for entrepreneurs who want to develop new products or services. Patent application processes are complicated. They involve multiple levels of review and approval before they can be successfully filed. Patenting is a complicated process requiring a high level of technical expertise. You can submit a provisional patent application yourself if you don’t have the time or resources to hire a patent attorney.

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