How To Tell If A Patent Has Been Granted – The patent document below is an example of a European patent. The first page contains various dates, including the filing date, publication date, and the date the patent was granted. The document below also shows that priority has been marked for an earlier patent application. The classes associated with the patent and details of the applicant and inventors are also shown on this page.
The publication number of the document is indicated in the upper right corner. It is followed by a type code that indicates the type of patent document. In this case, the type code is B1, which means it concerns a granted patent. If it were A1, this example would be the publication of a patent application that includes the publication of an innovation report. For a list of all type codes for European patent documents, go to the Espacenet website.
How To Tell If A Patent Has Been Granted
The invention itself is described in the description introduction. This includes information about the state of the technology and what the invention entails. In addition, it may describe a problem to be solved by the invention or describe specific embodiments or preferred embodiments. Finally, it will often include examples of inventions. Claims state what is actually protected in the case of a patent or what the applicant is filing protection for in the case of a patent application.
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A search request determines which parts are relevant to read. For example, if it considers the issue of infringement, the scope of patent protection must be considered. It is described in the patent claims. It is also important to know whether the patent has already been granted or is related to the application. Indeed, in the case of a patent application, the claims may still change or the patent application may not result in a patent, meaning the claims become irrelevant.
If the patent is read in the context of the invention, the entire text of the patent is important and not just the conclusions. Therefore, all published publications, as well as related documents and all references may be relevant to check the novelty or inventiveness of the invention.
This article was written by Clinton M. Co-authored by Sandvik, JD, Ph.D. Clinton M. Sandvik worked as a civil litigator in California for 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
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The United States Patent and Trademark Office (USPTO) allows the public to search patents for those interested in knowing the origin of an invention. People also search patent records to make sure their idea or invention has not already been patented. Searches can be made online or at the Patent and Trademark Research Center. Patents worldwide can be accessed through the search engine provided by the World Intellectual Property Organization.
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This article was written by Clinton M. Co-authored by Sandvik, JD, Ph.D. Clinton M. Sandvik worked as a civil litigator in California for 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 60,704 times. New product discovery and commercialization is extremely challenging. Obstacles abound. You must be committed, dedicated and full of passion. However, you will still fail. That is the nature of entrepreneurship. To be a successful inventor, you must learn from your mistakes and stand up to bat.
In my experience, many inventors are blind to this reality. I can relate. I remember feeling so determined to realize my quest, I refused to listen to anyone else. This attitude is typical of inventors I’m afraid. Our inventions are so consuming, we don’t always see clearly.
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This is particularly problematic when it comes to the patenting process. Because if you spend thousands of dollars on a patent that goes nowhere, how likely are you — let alone — to take action on your next idea?
This is very short sighted, I think. Enlightenment is more difficult and thankless. That’s just the way it is.
Intellectual property is only valuable when used strategically to advance a business goal. That’s a much less sexy sentiment than one I often hear online, which is that having a patent will prevent someone else from stealing your invention. If only it were that easy!
I am not alone in my frustration. Michael Marra is an inventor whose firm Marra Design Associates helps inventors license their seasonal ideas for toys, games, novelty and royalty. Over the past three decades, it has licensed more than 150 product concepts that were not patented. It owns and holds patents in several industries – all paid for by licensees.
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“Inventors and the public at large have been motivated, conditioned and persuaded to first ‘protect’ their new idea by securing a patent,” he wrote in an email. “But patents do not provide protection! Patent infringement lawsuits can easily cost six figures—with no guarantee of a single dollar recovery or an amount covering legal fees, let alone banking profits.
To interest a potential licensee or retailer, an idea must significantly raise the bar in its particular category. But in my experience, most patent attorneys do not consider this aspect of invention, which is the key to profiting commercially. Instead, research is strictly limited to ensuring that the idea does not infringe on other patents.
“There are lawyers who patent generic board games when all that is needed to ‘protect’ the intellectual property is trademark and/or copyright. Moral? Not much. Game manufacturers worldwide only patent a game when it has a unique Be it a technology, mechanical or electronic device; otherwise, trademarks and copyrights are sufficient. Ask yourself: Why do attorneys scare you into applying for a patent?”
After two decades of coaching, mentoring and educating inventors, I encourage you to watch out for the following red flags when seeking the help of a patent attorney/agent.
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1. They don’t care about the marketability of your invention. If the person you contact never inquires about your plans to go to market, it is a cause for alarm.
Tariq Naji-Ullah, a former USPTO patent examiner who is now a patent agent, asks everyone he interacts with, “What do you want to get out of this? What is the purpose of a patent? What do you want to happen?”
Most inventors focus on the immediate need and don’t think big enough about their ultimate goal, he said.
“But a patent is not a business plan. I tell clients who apply for a non-provisional patent, ‘By the time you get this patent, I hope your business will have made a lot of money.’ The point is that your Do not wait for the engine to start.
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It’s no coincidence that the US Patent and Trademark Office is housed in the Department of Commerce, he added.
Depending on what your commercialization strategy is, you may be better served by other types of intellectual property (such as copyrights, trademarks, and trade secrets). You don’t need a patent at all.
2. They don’t encourage you to search for prior art. Prior art is proof that your invention already exists and therefore cannot be patented. If your invention is already patented, well, you don’t need a patent attorney anymore do you?
When your patent practitioner finds a patent related to your invention, they must disclose it in your application to the United States Patent and Trademark Office. An examiner reviewing your application may use this patent against you to argue that your invention is not novel. In that sense, there is little incentive to see a patent attorney.
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There will always be prior art. It is very important that you don’t just find it, you study it. What you learn will help you decide whether or not to go.
Given the tension between prior art and patentability, third parties are generally recommended to perform prior art searches. When my patent attorney recommended that I hire an independent firm to search for prior art, I did. For a price of $1,800, I was told I was in the clear. Later, I discovered that the firm had failed to take out two patents describing my invention
. The first patent I filed turned out to be useless as a result. (Thankfully, my lawyers recognized that a mistake had been made, and covered the costs.)
A close reading of those two patents led me to identify a niche and patent, which were manufacturing methods.
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If you can afford it
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