According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if granted, would be invalid. Further, the person who falsely states that he/she is the inventor in the Declaration or Oath which is submitted with the application, would also be subject to criminal penalties.
If the inventor is dead, the application may be made by his/her legal representative. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a propriety interest in the invention may apply on behalf of the missing inventor.
How to apply?Applying for a patent can be a lengthy process, and any mistakes in your application will slow things down further. They can also prove expensive and might mean you fail to get a patent or that it fails to give you broad enough protection. You'd be well advised to seek professional advice from a patent agent.
You should never publicly disclose details of your invention before applying for a patent. If you must disclose your invention, you are strongly advised to consider entering into a non-disclosure agreement.
Procedure to apply:If you want to apply for a patent, first complete a patent specification. This includes a full description of your invention and any drawings to which the description refers.
You usually then have 12 months to:
• File your claims - precise statements about the invention you want to protect
• Submit an abstract
• Pay a fee for a search to check whether any similar inventions have been published before
• Additional information can be found at the Patent Office website, where you can:
• Read a description of what a claim should include
• Read details of what you should include in your summary
• Download the form for requesting a preliminary examination and search (PDF)
• Find out about the patent search and advisory service
• During this time you must also decide if you wish to file for patents in other countries.
If all is in order, the Patent Office will publish your application. You must then pay a fee for a substantive examination by the Patent Office. If the application is successful, it will be published again in its granted form. This can be a lengthy process. Download the form for requesting a substantive examination from the Patent Office website (PDF).
During the application process you may want to use the words "patent pending" on products utilising the patent you're applying for and in advertisements for such products. This can discourage potential competitors.
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