This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Trademark Law For Engineers And Scientists Nptel In Santa Clara
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Multi-State
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Santa Clara
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US-003HB
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The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
Structure of the specification A patent specification normally has the following parts in the order given: A title to identify the invention. A statement as to the field to which the invention relates. An explanation of the background “state of the art” – what was already known prior to the invention.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
The Description It is a detailed explanation of the invention. It should include all relevant information. It must be sufficiently clear and complete to be understood by others; such as to allow a person reasonably skilled in the same art to be able to fully replicate the invention without needing further details.
The written description requirement requires an inventor to write down how to make and use (i.e., enablement requirement) the invention. The written description includes the text and the drawings. By doing so, after the patent expires, the patent can be used to teach the public how to implement the invention.
The Brief Summary is meant to give a quick understanding of the invention, while the Detailed Description provides the full technical disclosure necessary for enablement and written description requirements.
The detailed description should provide clear support or antecedent basis for all terms used in the claims so that the meaning of the claim terms in the claims may be ascertainable by reference to the description. It can be helpful to draft your claims first.
The specification should be in conformity with the requirements of the Patents Act 1992 and Patents Rules 1992, typed or printed on single sided A4 pages with margins of 2 to 3 centimeters. These margins should be blank, and each page should be numbered. Two copies of the specification must be submitted.
Step 1: Identify Your Invention's Unique Features. Ascertain the distinctive and advantageous attributes of your invention. Step 2: Conduct a Thorough Patent Search. Step 3: Choose the Right Type of Patent. Step 4: Prepare a Detailed Patent Application. Step 5: File Your Patent Application.
Patent applications: the three criteria Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application. Inventive step. This means that your product or process must be an inventive solution. Industrial applicability.
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