Provisional Patent Application

List of Myths to Encounter in the Provisional Patent Application Intellectual property can be quite confusing to ordinary people. While an inventor applies for a patent, there are so many forms, procedures, and data to understand. There is more to it than that. Throughout the patent lifecycle, there are also many litigations and restrictions. It is not uncommon for people to misinterpret information and pass it along. As a result, myths have developed that appear true at first glance, but that are actually misleading. Identifying and dispelling some common provisional patent myths is the purpose of this article.

Myth 1: Existing technology cannot be patented Inventors might think that their innovation is simply an improvement of an already patented technology. Therefore, the invention cannot be patented. As long as the usage is not obvious, he is able to patent a new use of existing technology.

A new product can also be patented if it is a combination of two previously patented products. It is important, however, that the combination is not obvious. As long as the differences between the products are not obvious to someone skilled in the field, he can patent a similar product as well.

Myth 2: My business has no competitors. Therefore, I do not require a patent for my product.

Inventions with good commercial value will attract new competitors regardless of their novelty. In general, novel and radical inventions gain a competitive advantage. Nevertheless, similar products will appear in the market within a few months. You can thus prevent your competitors from infringing your patent by obtaining a patent and manufacturing, selling, or marketing your product.

Myth 3: Patents protect all illustrations There is a prevalent myth that appears to be true at first glance. An inventor uses drawings in a patent to illustrate and describe their invention. They often believe that the illustrations in the patent are also protected. The patent protection is mostly based on the "claims" of the patent. There is no guarantee that the illustrated drawings are covered by the claims. A patent's claims should be carefully designed to avoid any infringement or litigation, even though interpreting them is complicated.

Myth 4: Patents will fend off infringers In general, patents are assumed to protect your product from infringers. Infringers can still copy your processes and products despite patents. It is inevitable that infringers will appear from time to time.

Patents, however, prove ownership of an invention to the patent holder. When there is patent infringement, the patent holder is responsible for using the patent rights wisely. As a result, the patent holder may sue the infringer for infringement. The patent holder is often entitled to monetary damages after court proceedings against the infringer.

Myth 5: Patents protect the inventions across the globe

Patents are generally assumed to be worldwide once they are granted. In reality, patents are country-specific. Inventors can protect their patents only in countries in which they have filed for patent protection. A German inventor who owns a patent for a particular product cannot interfere with its use in India. Through the Patent Co-operation Treaty (PCT), inventors can seek protection in 140 countries through one application.

Myth 6: Patents can only be used in legal proceedings Patents are often thought of as a tool for identifying infringers and claiming the invention legally during court proceedings by many organizations. Often, they fail to realize the impact patents can have on their market value. Active research and development activities attract more investors to organizations with strong patent portfolios. Consumers also trust patentprotected products, promoting sales. There is no truth to the general perception that patents can only be used for legal proceedings.

Myth 7: Ideas are patentable Although ideas are the basis of inventions, they cannot be patented. A patent can be granted for a process, a machine, a product, or a composition. An invention can only be patentable if it can be built using the technology or if it is already built. An idea cannot be patented if it is merely an idea.

Myth 8: Provisional patents can be obtained more quickly than patents Provisional patents are often considered an alternative to regular patents. There is no such thing as a provisional patent technically. This should be referred to as provisional patent applications. A provisional patent application is used by inventors who need to disclose their invention quickly and have little time to prepare the complete patent application.

A patent applicant only needs to submit an outline of the invention with a few specifications and claims. They are valid for one year and give patents an earlier filing date. Provisional patent applications will not be granted patents by patent offices. For a patent to be granted, a complete patent application must be submitted.

Myth 9: A single patent will allow me to monopolize my market There is a common misconception that patenting a product will grant it a monopoly.

Infringers can only manufacture, use, or market your invention with the help of a patent.

There is no monopoly granted by a single patent. In the future, competitors may file for more patents with improvements in technology with accurate claims that could exclude the original inventor from the market. Therefore, organizations continue to innovate and improve their patented technologies and acquire additional patents covering more relevant claims and broaden their scope of invention.

Myth 10: Filing patent application is arduous Inventions are often considered complex by inventors. An inventor who is familiar with the patent filing process, on the other hand, will find it very methodical and comfortable. Today, patent filing procedures can be accessed online and are easily accessible. When designing patent claims or conducting a patent search, it is advisable to consult patent experts.

Identifying facts from myths is never easy. It is imperative that businesses have a clear understanding of patents in order to avoid following misleading information. Investing blindly in such myths can lead to financial loss for a business. Patent attorneys can debunk such myths and assist organizations in building strong patent portfolios.