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Steps to Filing a Patent Application: Here's a quick look at the basic steps you need to take before filing

a patent application. Nothing about
the process requires a lawyer -- there's no court, no judge, no "legal" research. The USPTO has specific rules, but you can follow them just as
you would a recipe in a cookbook.
1. Keep a Careful Record of Your Invention: Record every step of the invention process in a notebook. Describe and diagram every aspect
and every modification of the invention, including how you came up with the idea for it. Depending on the invention, you may also want to
build and test a prototype. Document all of these efforts. Sign and date each entry and have two reliable witnesses sign as well.
2. Make Sure Your Invention Qualifies for Patent Protection: You cannot get a patent just on an idea. You must show how your invention
works and your invention must be new. This means it must be different in some important way from all previous inventions. It also cannot be
for sale or be known about before you apply for a patent. To learn more, see Qualifying for a Patent FAQ.
3. Assess the Commercial Potential of Your Invention: Applying for a patent is a business decision. Even without a patent attorney or the
use of professionally prepared patent drawings, it costs approximately $1,500 in fees to file and obtain a patent from the USPTO. Before you
spend the time and money to file a patent application, you need to research the market you hope to enter and decide whether it's worth the
outlay of funds.
4. Do a Thorough Patent Search: To make sure your invention is new, you need to search all the earlier developments in your field. This
involves searching U.S. (and sometimes foreign) patents, as well as other publications like scientific and technical journals, to find related
Although patent searching is time consuming, it can be mastered with practice. Even if you decide to hire a professional later on in the
process, you know the most about your invention, so you are the best person to start the search. You can start your research on the Internet,
but you may also want to visit a Patent and Trademark Depository Library, where you can search earlier patents and get help from a
librarian. For more information, see Patent Searching Online. When you search, you will certainly find other inventions that are similar to
yours. In your application, you should show how your invention improves upon or is different from these earlier developments.
5. Prepare and File an Application With the USPTO(united states patent trademark office)
When you file with the USPTO, you can either file a full-blown regular patent application (RPA) or a provisional patent application
Provisional patent application (PPA): A PPA is not an actual application for the patent itself. Filing a PPA simply allows you to claim patent
pending status for the invention and involves only a small fraction of the work and cost of a regular patent application. All that is required to
file a PPA is a fee ($65 for micro-entities, $130 for small entities and $260 for large companies), a detailed description of the invention, telling
how to make and use it, and an informal drawing. Then, you must file an RPA within a year of filing the PPA. If you don't, you can no longer
claim the PPA filing date.
Patent Search: Google patent search, USPTO, IPINDIA, GPSN(Global Patent Search Networks), Patent fetchers, WIPO(World Intellectual
property organization), ESPACENET,, PatentsScope, patentssearcher, innography, Patexia Prior art research, EPO(European Patent
Software: patbase(misesoft), orbit, TI
Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Just as the law
protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets.
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in
commerce. Intellectual property is divided into two categories: Industrial Property includes patents for inventions, trademarks, industrial
designs and geographical indications.
A patent (/ˈpætənt/ or /ˈpeɪtənt/) is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time
in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a
Patent: Monopoly govt. gives you as the inventor of some new device, construction, method or process. It allows to use, manufacture and sell.
There are three kinds of patents:

What does infringement mean “Infringement” is a legal term for an act that means breaking a law. these offences can also occur in legitimate business. However. and other offences such as those under the Fraud Act 2006 may also be applied. There are several types of intellectual property rights. For example possession of an infringing copy of a work protected by copyright in the course of your business may be a criminal offence under section 107 (1)(c) of the Copyright. Private criminal investigations and prosecutions may also be launched by the right owners in some cases. Not all cases that fall within the criminal law provisions will be dealt with as criminal offences and in many cases business to business type disputes are tackled by the civil law. What is criminal intellectual property (IP) rights infringement? Criminal IP offences are also known as “IP crime” or “counterfeiting” and “piracy”.000. These criminal offences are most often associated with organised crime groups who are dealing for profit in fake branded goods or pirated products. counterfeiting and piracy can affect your business security and reputation. an intellectual property infringement may for instance be a  Copyright infringement  Patent infringement  Trademark infringement 1. distribution and sale of products which falsely carry the trade mark of a genuine brand without permission and for gain or loss to another. An intellectual property infringement is the infringement or violation of an intellectual property right.e. as well as being actionable in civil law. Trade mark: Is anything you use to identify your goods or services in commerce. 1. their staff. use. 1. offer for sale. does not always require direct profits from sales wider and indirect benefits may be enough along with inflicting financial loss onto the rights holder. It can range from using technology protected by a patent to selling counterfeit medicines/software or copying a film and making it available online. 2 Risks for business IP rights infringement and in particular IP crime threaten legitimate businesses. Design patents(14 years): Protects how a structure looks (earphones) Copy Right: Is a limited monopoly given to artists for their creative works. After the patent expires.1. Further information is available on what is the law and the guide to offences. with support from the police.3. provided that subject matter is not covered by an unexpired patent. All of these acts will constitute a civil infringement but some copyright and trade mark infringements may also be a criminal offence such as the sale of counterfeits including clothing. 1. patents. These include:  employees selling copies of protected works or supplying fake goods within the working environment  company servers and equipment being used to make available (i.2. to sell counterfeit and pirated items  using unlicensed software on business computer systems with the knowledge of management Not only can IP crime make you and your business liable to a potential fine of up to £50. which includes copying. and a custodial sentence of up to 10 years. copied or otherwise used without having the proper authorisation. creation or invention protected by IP laws are exploited.Utility patents(20 years): These protects useful feature of invention. sell or import the invention without permission of the patent owner. such as copyrights. Certain pharmaceutical patents may be extended as provided by law. Piracy. Placing your Signature. Criminal offences (counterfeiting and piracy) Infringement of trade marks and copyrights can be criminal offences. Designs and Patents Act 1988. Ex. threaten your IT infrastructure and risk the health and safety of your staff and consumers. for example if an employee uses the workplace to produce and/or sell quantities of fake DVDs or branded goods to colleagues or outside the office. A range of criminal provisions are set out in the relevant Acts. Your business may face a number of risks if you do not take appropriate steps to tackle IP crime within your working environment. and trademarks. . importation etc of infringing works. Counterfeiting can be defined as the manufacture. permission or allowance from the person who owns those rights or their representative. IP rights are infringed when a product. Therefore. and with investigative assistance from the IP rights owners. How will action be taken against you Trading standards are primarily responsible for enforcing the criminal IP laws. distribution. Criminal IP offences may be taking place in your workplace in a variety of ways. importation. anyone may make. uploading) infringing content to the internet with the knowledge of management  using the work intranet to offer for sale infringing products to colleagues  external visitors entering your premises. and undermines consumer confidence.

but once infringing activities have been identified. Adverse publicity relating to any civil or criminal court action could affect how other businesses view you and how they choose to deal with you. In other instances it may relate to an independent action of a member of staff at work. and IT system failure due to malware problems. and well-known brands often register their names as trade marks. Staff in corporate functions. Staff activities Staff infringing IP rights at work can impact productivity. You need to think about not only the way your business is conducted. Resource implications. In order to protect your business. Security risks There are many security risks to a business from IP crime. 2. Criminal action may lead to unlimited fines. which can be infringed in different ways. Preventative steps will help to safeguard you and your business.1.2. but also be aware that the behaviour of your staff – and their actions at work may also incur liability for the organisation as a whole. a fast and effective response is essential. There are many more potential problem areas. put your systems at risk from malware and put you and your business at risk of legal liability for their actions.Failure to address the problem could leave you and your business liable and at risk to criminal and/or civil action. These include sample slide packs to help raise awareness and improve understanding. and  to know how to address such a problem if it arises To assist in identifying instances where IP rights infringement can occur. 4. Information includes: HR policies. a range of activities and examples have been identified. 3. Resource implications IP crime can impact on the productivity of your business. Under civil law you may be subject to court action and have to pay damages. threaten system security and slow down IT networks. Preventative procedures and policies Guidance is available on the procedures and processes you and your business can adopt to prevent infringement occurring. 2. People visiting your workplace Letting traders onto your premises to sell items to your staff could leave your business facing legal liability. It can also compromise your site security plans. Information Technology (IT).2. so you can take steps to avoid them. 2. You may also be vulnerable to threats from computer viruses and malware. and avoid serious legal and security risks. Business activities A business can infringe the IP rights of others by not having the correct licence to support the activities that take place within the business. such as Human Resources (HR).3. license management and processes for site visits. finance and procurement have a particularly important role to play in spreading information and good practice. Whether your business is small or large there is a range of actions you can take to make sure that IP rights infringement is not occurring within your business environment. so-called “mechanical” rights in the recording. You therefore need to be prepared. Potential problem areas IP rights are unfamiliar to many and can be complicated. .4.both for them and for the business. Reputational risks Good businesses attract respect and the trust of future partners. how IP rights can be infringed and the risks this can pose . 3. Staff and managers need to understand what IP is. it is important:  to understand how IP rights infringements can occur  to have a strategy for avoiding them. even if you are not currently aware of any such problems in your business. 2. 3.3. A music CD will have copyright in the music.1. One item can be protected by a number of different IP rights. These include the infiltration of viruses and malware which can aid identity theft. 4. therefore it is vital that you and your business understand how these problems might arise. such as staff neglecting work tasks to carry out illegal activities. design rights in the cover.2. In some cases these activities may relate to something done directly by the business. Clear processes and procedures will help you to embed respect for IP with managers and staff. creating the right company ethos and ensuring that you identify potential problem areas and manage them properly. Raising awareness within your business Practical tools have been developed to help you educate staff and management about the importance of IP and how to comply with the relevant law. can have a detrimental affect. Dealing with infringement The needs of businesses will vary. 4. Advice is available on steps to help you deal with an IP rights infringement in your business. What is right for a factory unit or a small office may not suit larger more complex organisations. Legal liability Activities which results in IP rights being infringed can raise both civil and criminal law liabilities. Advice on what to do if you identify any criminal IP offences relating to IP rights infringement taking place in your business is also covered.1. 3. The common thread is that doing nothing is not a sensible option given the risks it can pose for you and your business. or a custodial sentence (which could be up to a maximum of 10 years).

This includes putting copyright material on the internet or using it in an on demand service where members of the public choose the time that the work is sent to them  making an adaptation of the work. transcribing a musical work and converting a computer program into a different computer language or code Copyright is infringed when any of the above acts are done without permission. The legal practitioner may also be able to advise you on agreeing. For example. import or export the design. If you are concerned that you may be infringing. Design infringement By registering a design the proprietor obtains the exclusive right for 25 years (provided renewal fees are paid every 5 years) to make. or stock the product for the above purposes. or even buy the patent from them. 8.5 Civil Infringement The infringement of an IP right is a civil matter in the case of patents. If someone intends to sue you for infringement. Letting a broadcast be seen or heard in public also involves performance of music and other copyright material contained in the broadcast  broadcasting the work or other communication to the public by electronic transmission. 6. using. Obvious examples are performing plays and music. if it . are generally for you to take. What if someone sues you for infringing There are two basic types of defence if someone claims you are infringing their patent: You are not infringing . How will an IP rights owner take action against you If you are believed to be infringing IP rights. 5. showing or playing the work in public. There are many potential problem areas. Deliberate infringement of copyright on a commercial scale may be a criminal offence. unless what is done falls within the scope of exceptions to copyright permitting certain minor uses. trade marks. offer.which usually means obtaining a licence for the activity. The loser usually has to pay both sides’ costs. Copyright infringement Copyright owners generally have the right to authorise or prohibit any of the following things in relation to their works:  copying the work in any way. their patent may be cancelled (revoked). such as by translating a literary or dramatic work. put on the market. photocopying. Advice and guidance on dealing with IP rights infringement is available. the use of “cease and desist” letters or by seeking to use other services in resolving disputes. You can check our database of patents that are currently Not in Force If you are infringing get professional advice quickly from a patent attorney or solicitor. therefore it is vital that you and your business take action to avoid these problems. you may wish to obtain professional advice from a patent attorney. typing or scanning into a computer. 7. If it would infringe. You may be liable for damages relating to any infringement. Copyright is essentially a private right so decisions about how to enforce your right.2. but do not do or say anything yourself. How to avoid infringing Patent applicants have to provide a full description of the can take legal action to challenge the validity of the patent. the owner may wish to take action through the civil courts. whether directly or indirectly and whether the whole or a substantial part of a work is used. or the patent is invalid . designs and copyright. These rights are infringed by a third party who does any of the above with the design. If you win. In the case of trade marks and copyright the act may also constitute a criminal IP offence. selling or importing a patented product or process without the patent owner’s permission.1. or making a copy of recorded music  issuing copies of the work to the public  renting or lending copies of the work to the public. such as mediation. because the owner can sue you. The owner of a patent can take legal action against you and claim damages if you infringe their patent. reproducing a printed page by handwriting.1. Patent infringement Infringing a patent means manufacturing. However. 7. How to avoid infringing The Intellectual Property Office (IPO) can not advise you on whether your design would infringe an existing design. Get professional advice from a patent attorney or solicitor. trade mark attorney or a solicitor. playing sound recordings and showing films or videos in public. How to avoid infringement It is important that you and your business take preventative steps to avoid infringing the IP rights of others by seeking per mission .what you are doing does not infringe their patent claims. that is what to do when your copyright work is used without your permission. for commercial gain. other methods can also be used. so think hard before starting legal action. you can try to reach agreement with them on using their patent.2 . you may be able to agree terms with the owner.1. If you are infringing you should be aware that the owner may be able to sue you. 7. some lending of copyright works falls within the Public Lending Right Scheme and this lending does not infringe copyright  performing. 8. You can ask us for an opinion to check if what you want to do would infringe a particular patent. 5.

I think that I may be infringing. 8. You may be able to get a court order to force the infringer to cease trading. In the worst case scenario. This is because the law also protects traders from unjustifiable threats of trade mark infringement. 9. what should I do Get legal advice as the most suitable course of action will depend on the particular circumstances of your case. How will an IP rights owner take action against you If you are believed to be infringing IP rights. 8.which usually means obtaining a licence for the activity. I think that someone else may be infringing. If you decide that you are not infringing. so as to be likely to confuse and deceive (whether or not intentionally) a substantial number of persons into thinking that the junior user’s goods and services are those of the senior user. What about unregistered trade marks There is no available remedy for trade mark infringement if the earlier trade mark is unregistered. such as mediation. their design may be cancelled (invalidated). infringement may also arise from the use of the same or a similar mark which. some form of terms between you and the owner of the registered design (such as licensing the right to use the design or buying it from them). However. which may include a co-existence agreement. the Court of possible. However. Whether the two marks are sufficiently similar. but this will very much depend on the particular circumstances of your can take legal action to challenge the validity of the design. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trade marks. although different.what you are doing does not infringe their design. the use of “cease and desist” letters or by seeking to use other services in resolving disputes. the High Court of Northern Ireland or the Court of Session in Scotland. others choose to approach the earlier trade mark owner and attempt to negotiate a way forward that suits both parties. other methods can also be used. although not causing confusion. If someone intends to sue you for infringement. One potential option open to you is to write to the infringer. 9.4. You should then consider whether to negotiate or to take legal action for compensation. infringement actions must be taken to the High Court or in Scotland. I think someone else maybe infringing. you may have to change your trade mark and re-brand your products or services. in particular: Whether. How to avoid infringement It is important that you and your business take preventative steps to avoid infringing the IP rights of others by seeking per mission . You may be able to negotiate a settlement which suits both parties. You may be liable for damages relating to any infringement. Some traders who think they may be infringing an earlier trade mark choose to cease trading under the offending sign. . the owner of the unregistered trade mark was trading under the name at the date of commencement of the use of the later mark. what should I do Get professional advice. The loser usually has to pay the legal costs of both sides. 10. what should I do Get legal advice. and to what extent.2.1. damages or takes unfair advantage of the reputation of the registered mark. which may involve a co-existence agreement. There may be a number of potential courses of action or defences open to you.5. or you have a good defence. having regard to their fields of trade. infringement actions must be taken to the High Court of England and Wales. Trade mark infringement If you use an identical or similar trade mark for identical or similar goods and services to a registered trade mark .you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public. or  the design is invalid .2.3.3. 9. We do not handle such actions. Some unregistered trade marks may be protected under Common Law and this is known as Passing off. What is a coexistence agreement A coexistence agreement is a legal agreement whereby two parties agree to trade in the same or similar market using an identical or similar trade mark. 8. you can try to reach agreement with them on using their design. 8. This can occasionally arise from the use of the same or similar mark for goods or services which are dissimilar to those covered by the registration of the registered mark. 9. However you must be satisfied that the earlier trade mark that you own and the activities of the infringer justify this. so think hard before starting legal action. The agreement is drawn up between parties and sets the parameters for each to use their trade mark without the fear of infringement or legal action from the other(s). whether or not they are protected will depend on the particular circumstances. However. The extent of the damage that such confusion would cause to the goodwill in the senior user’s business. If you win. Where the registered mark has a significant reputation. identify the goods or services of one and the same trader. Another option is that you may be able to get a court order to force the infringer to cease trading and pay compensation for damages. you may decide to stand your ground or even to sue the trade mark holder for making unjustified threats. What if someone sues you for infringing There are two basic types of defence if someone claims you are infringing their design:  you are not infringing . the owner may wish to take action through the civil courts. The IPO does not handle such actions.

for example for music to be played in a shop or restaurant. it is imperative that you report any instance of IP crime that you are aware of. Organisations representing copyright owners Many groups of copyright owners are represented by a collecting society. In many cases a collecting society will offer a blanket licence for all the works by owners it represents. Technology and the Arts provide a useful handbook on invention and innovation There are a number of other organisations geared specifically to helping inventors. drugs and people trafficking. the Intellectual Property Enterprise Court and certain county courts where there is also a Chancery District Registry. Annual ip crime report The latest IP Crime Report 2012/13 was published on 29 July 2013. For example. and may also include designs.UK can provide advice on exploiting your ideas  Enterprise Europe Network(EEN) are a European wide network. with a number of centres in the UK. Reporting intellectual property crime If you have concerns or are aware of any person that may be involved in IP crime. mediation services. Professional advice Legal professionals who specialise in IP are useful in helping you to understand. Criminal matters are dealt with in the criminal courts. police and HM Revenue and Customs along with industry bodies 15. obtain and defend your IP rights. to bring their ideas to market.who are the leading authority enforcing IP legislation . The specific details of a coexistence agreement is a matter only for the parties involved to negotiate and the IPO cannot become a party to the negotiations. A collecting society will be able to agree licences with users on behalf of owners and will collect any royalties the owners are owed.Can provide details of barristers licensed for public access 13. The report highlights current and emerging threats surrounding counterfeiting and piracy.The coexistence agreement set the terms and conditions the parties have agreed. Each can provide consulting services on IP rights  NESTA The National Endowment for Science. The report also contains statistical data and enforcement activities from UK law enforcement agencies such as trading standards. Where parties are unable to reach agreement in commercial licensing disputes they might also wish to consider. including those conducted via the internet. Other sources of advice include:  GOV.1.via Citizens Advice Bureau and/or the anonymous reporting system of the charity CrimeStoppers and Action Fraud People involved with IP crime are generally involved with other types of crime such as benefit fraud. It does not deal with copyright infringement cases or with criminal “piracy” of copyright works. 14. The Institute of Patentees and Inventors (IPI) is a non-profit making organisation that specifically helps lone inventors. Copyright infringement can be dealt with in the civil courts such as the High Court (Chancery Division). 11. The copyright tribunal The Copyright Tribunal is an independent tribunal established by the Copyright. Therefore.Can provide details of suitable solicitors in your area  Bar Council . 13. to the enforcement authorities. to allow each other to undertake their respective business activities. entering into a formal binding coexistence agreement will ensure that the parties avoid the likelihood of becoming involved in any future costly and lengthy legal dispute. Whilst coexistence agreements may take many forms. There are many collecting societies who operate for various types of copyright material:  printed material  artistic works and characters  broadcast material  TV listings  film 12. . especially lone inventors. Designs and Patents Act 1988. then you may report this through your local trading standards service . copyright and patents. as an alternative to the Copyright Tribunal. Its main role is to adjudicate in commercial licensing disputes between collecting societies and users of copyright material in their business. and to provide advice on finding financial assistance. Details of professionals in your area can be obtained from any of the following organisations:  Institute of Trade Mark Attorneys (ITMA)  Chartered Institute of Patent Attorneys (CIPA)  Law Society .