How to Patent Your Business Idea: A Step by Step Guide
brand trademark, Indian Patent Attorney, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY, MARKET ENTRY strategy, Patent Filing India, Patent Innovative Ideas, strategic business advice

Protect YOUR Creativity : #Invent & Experiment

How do you Patent a Business Idea for a Fruitful Startup Business Strategy ?

Creativity is inventing, experimenting, growing, taking risks, breaking rules, making mistakes and having FUN. -Mary Lou Cook

How do you Patent a Business Idea for a Successful Business Venture?

An IDEA IS CONCEIVED by the genius mind to solve existing problem. The word “invention” is termed to the idea conceived at the ideation stage when the inventor is able to solve existing problem in the market. Problem can be personal or can be applicable to the large masses.

When a business entity like Fortune 100 company is able to resolve existing technology in the same domain the problem is UNIVERSAL and applicability is worldwide.

We as innovators and inventors are programmed to understand different patterns existing around us. CHANGE is EVERYWHERE and inevitable truth of LIFE. As an inventor or a startup we should realise the importance of protecting innovative ideas.

When the invention is applicable worldwide it is advisable by the expert patent attorney to file international patent before WIPO, Geneva under the PCT patent route

DO YOU have a GREAT IDEA for a SUCCESSFUL Business Venture?

So, if the ANSWER is YES…YOU have already taken the first step to protect your idea for a successful business !!

Now you must be wondering what if someone else comes up with something similar. BEST SOLUTION to such thoughts is to Patent a Business Idea.

Patent a Business Idea in India * Patent a Business Idea in USPTO

Technically, you can’t patent an idea for a business. For example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business and solving a problem– if it meets very specific patent criteria and patent requirements.

Ideas are valuable and throughout history innovative ideas have been copied or stolen by the third parties.

Instead of letting other business entity go away with your great INNOVATIVE IDEA and make a fortune $$$$$$, you as an inventor or innovator should protect your idea by filing a patent.

Patent a Business Idea

Technically ideas themselves cannot be patented. When you take an idea and with intangible force turn the idea into an invention or process (PROTOTYPE is ready) that meets specific patent criteria and patent requirements. Irrespective whether the idea is small or big, the innovation can be protected by filing patents which is a form of intellectual property right. YES, IDEAS can be patented with the right intent and content will be prepared by our THINKING GEEKS at TCIS, India.

A patent can help you remain competitive in your for 20 years field and give you an edge on your business rivals.

According to YOUR invention / idea YOU can apply for a Utility patent or an Industrial Design patent

Utility patents in USPTO are granted to inventions that pertains to a new and useful process or useful improvements of a process, machine, article of manufacture or composition of matter.

Design patents are given for new and original designs for an article of manufacture. Under industrial design protection the ornamental looks of the article can be protected. The timeline for registration in India is nine months from the date of the industrial design filing in India.

FOR A SUCCESSFUL STARTUP BUSINESS VENTURE HAVE A PROPER INTELLECTUAL PROPERTY STRATEGY IN PLACE:

Patent a Business Idea

As an inventor, you can file a provisional patent application or a non-provisional patent application before the patent office in home country. As an innovator you can write provisional patent and file provisional patent application in a quick way to protect your invention if it is in the abstract / prototype stage.

The provisional patent application will establish an early patent filing date. But a patent will be issued only after a non-provisional application is filed for the same within an year of filing a provisional application with a complete set of patent claims.

UNIVERSAL INTELLECTUAL PROPERTY PATENT STRATEGY

YOUR invention “SHOULD ” be Novel, Non-Obvious and should have industrial technology application”

If your idea with proper elements fulfils all the patent requirements to apply for a patent, and there are no other previously filed patents claiming the same elements in the patent claims, then it’s time to apply for patent before the patent office.

Patent writing and patent filing work is intellectual in nature. Hire and select your patent attorney wisely. From a strategic business point it is advisable to seek legal counsel and patent advice before filing a patent and get patent professional involved for writing patent claims and file patent before the patent office.

Indian Patent filing & International Patent filing involves the following patenting steps:

  • Action Plan Strategy Step 1: Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention.
  • Action Plan Strategy Step 2: Next step is to find out if the invention meets all the patentability step criteria for the country in which the patent application has to be filed.
  • Action Plan Strategy Step 3: Writing patent and drafting the provisional patent / non-provisional patent application with patents depending on the stage of your invention. If you are at the stage where you have complete information about your invention then you can directly go for complete specification.
  • Action Plan Strategy Step 4: Up on patent filing the complete patent specification along with application for patent, the patent application is published after 18 months of first patent filing date.
  • Action Plan Strategy Step 5: A patent request for examination is filed after which the patent application is examined by a patent examiner and the examiner issues a first examination report to the patent lawyer representing the patent client.
  • Action Plan Strategy Step 6: The inventor and patent professional create and send a response to the examination in order to clear all the objections of the patent examiner.
  • Action Plan Strategy Step 7: After all the patent objections are explained and the patent examiner is of the view that the patent can be granted for the invention a formal letter is issued to the patent inventor. The patent is granted by the patent office and is published in the patent journal.
INTELLECTUAL PROPERTY STRATEGY, invalidity searches, patent validity

Performing Patent Invalidity & Patent Validity Search

WHY to GET Patent Validity Research by a Patent Attorney?

A Patent Validity Search or Patent Invalidity Search is an exhaustive Prior Art Search conducted after patent issuance to identify patents or other published prior arts that may render a granted patent invalid and one or more documents has been missed by the patent examiner while prosecution of the invention before the patent office.

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The main purpose of this patent validity search is to validate either the enforceability of a patent’s claims or to invalidate one or more claims of a patent respectively.

Both of these searches are identical except desired outcome is either valid or invalid patent claims of the patentabilty search. The terminology used for these searches are Validity Patent Search and  Invalidity Patent Search.

How to perform invalidity search?

After issuing and granting of the patent by the patent office Patent Validity Search or Patent Invalidity Search is conducted for detailed  prior art search.

If a company or an entity desires to stop their competitors to work in same domain they can request for Invalidity Search patent service.

Patent Validity Search | Patent invalidation

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The main AIM of the invalidation search is to validate either the enforceability of a patent’s claims or to invalidate one or more patent claims respectively. In general the independent patent claims are TARGETED. If the independent claim set of the patent  is INVALID then automaticallythe dependent patent claims are not ENFORCEABLE.

“DIFFERENCE” between Invalidity search report & Patent validity search report

Patent Validity Search or Patent Invalidity Search are similar to one another except the end results are different. The end results of the PATENT searches are either valid or invalid patent claims. Although, it is presumed that all claims of a patent are valid when granted BUT there is a possibility that the patent office may have allowed claims in error by missing the best prior art while patent searching because of the huge number of patents to be examined.

The time assigned by the patent examiner for every case is not sufficient for conducting prior art searches. In such cases, the invalidity search conducted by a professional patent searcher for the granted patent will uncover better prior art results than the prior art of examined and recorded by the patent examiner at the patent prosecution stage.

Patent validity analysis by the patent attorney 

Invalidity search results in identifying prior art available and published before the earliest priority date of the  patented technology in question.

The main AIM of the professional patent researcher is to find patent specifications that read on the claims of the patented technology in question.

Our team at TCIS,India consists of experienced professional patent researchers in conducting invalidity searches & patent validity searches provide in-depth patent search services by patent search outsourcing. Our patent strategists who are experts and have experience in performing more than 2200+ patent searches in all technological domains.

Our team has conducted over 200+ invalidity searches and generated highly effective patent invalidation report for United States, and other foreign clients. The charges are provided once we review the case details. Our  patent invalidity search cost is affordable for individual inventors to Fortune 1000 companies.

Our technological experts provide their assistance to gain a clear perspective over technical as well as market difficulties that Your PATENT may face while launching and entering into a country. 

TCIS,hepls in filing Patents Intellectual Property firms in India * Global PCT * Patent Writing Services
Filing of Patents & Intellectual Property in India

The patent attorneys at TCIS,India provide patent invalidation report to in-house counsels of big companies and support foreign patent attorneys in countries like USA, European Countries (16 countries), Israel, Japan, China, Australia, Brazil, South Africa and S. Korea.

To know more about patent invalidity Schedule a call today  to discuss your idea and market entry strategy with our experienced team of patent lawyers who are here to serve you.

 

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