How do I get a patent for a website/app idea?

You can’t patent an idea. Patents are for tangible inventions, so you need to have an invention to be granted a patent. An invention can be a product, a machine, a process or a method for doing something; but, an idea is not an invention. That is not to say that you can’t get a patent, you just can’t get a patent on your whole idea. You need to define what it is you are seeking a patent to protect.

Patent Consultant in Vietnam

So your first step is to determine if you have an invention. If you do have an invention, it still must meet certain requirements to receive patent protection. It needs to be new and not simply an obvious improvement. The “state of the art” will be examined to make sure that the claimed invention is not already in the public domain and that it is more than an obvious improvement on what currently makes up the state of the art. The invention also needs to be useful. The idea behind a patent is that as a society we want to incentivize innovation that provides value to society by granting inventors very strong patent protection. So, in order to get the patent protection, you need to show that your invention has a use to society.

Now, those are the basic requirements, but how do you actually get a patent? Well, you will want to hire a patent attorney to help you with the application process because it can be tricky. You will file an application with the US Patent and Trademark Office. For that application, you will need to persuade the PTO that your invention is worthy of a patent and to do that you will need to gather evidence that will prove that you invention meets all patent requirements.

Generally, patents provide the most protection of all intellectual property rights and therefore are also generally the hardest to acquire. But, an experienced patent attorney will know how to navigate the process and will be able to advise you about your best options.

Source: Quora

Continue Reading

How do you patent your startup idea?

You can’t patent an idea, but that doesn’t mean you can’t get a patent on some part of your startup. A patent is for an invention but it doesn't necessarily have to be a product, it can be a process or a method of doing something or it can be an improvement on an existing product, process, or method. The first thing is that you need to determine whether you have an “invention” that can be patented.

Register patent in Vietnam

Along with the proper subject matter above, the invention also needs to be new and non-obvious. An invention that is already in the public domain or has already been patented will not be granted a patent. It also needs to be more than an obvious improvement. The standard is determined by looking at the prior art of the subject area and determining whether the claimed invention is simply an obvious improvement on what was already in the public domain. If the claimed invention is only an obvious improvement, it will not be granted a patent. You will also need to prove that your claimed invention is useful.

Whether you meet the requirements will be determined by the USPTO through the filing process. You will submit all required application and filing materials to the office and they will make a determination on the patentability of your claimed invention. I would suggest that you hire a patent attorney to help you with the filing process.

To answer your more specific question, it seems like what you really need is a non-disclosure agreement. An NDA is an agreement between parties to not disclose certain information allowing you to choose who gets to hear your secrets and prohibit those chosen people from further disclosure of your secret to other people. So, if you want a patent because you are worried about disclosing your secrets without protection, then an NDA will offer you that protection. Again, though, you would want to hire an attorney to help you draw up you NDAs.

Source: Quora

If you are looking for an experienced patent attorney in Vietnam to help you with your patent or an attorney with experience drawing up NDAs, you should visit ANT Lawyers.vn. We are supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.   Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

Continue Reading

How to register a patent in Vietnam?

Law on Intellectual Property of Vietnam had come into effect from 2005 to keep up with the considerable development of the world. One of the most important subject of Intellectual property is patent which contribute a huge part for the mankind development. According to Vietnamese law, to be granted patent title, a patent must fulfill 3 conditions which are: (i) novelty; (ii) inventive nature; (iii) susceptible of industrial application.

Register Patent in Vietnam

Firstly, a patent shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application. Besides, a patent shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

-It is published by another person without permission from the person having the right to register it;

-It is published in the form of a scientific presentation by the person having the right to register it;

-It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it

Secondly, An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art.

Thirdly, an invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

If a patent fulfills the above criteria then it is granted patent title.

What is the process of registration a patent in Vietnam?

After submitting the patent application into Noip (Intellectual Property office of Vietnam), it shall gone through 2 phases of examination which are formal examination and substantial examination.

Formal examination of applications means examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid, this phase would take from 1-3 months. All applications accepted as valid shall be published by the Noip in the Industrial Property Official Gazette.

After the publication, if there are no third parties object the application, then it go to substantial examination. The purpose of substantive examination of applications is to assess the protectability of objects stated in those applications under the protection conditions and corresponding protection coverage (volume). This phase would take from 12 months to 16 months. If it does meet protection criteria, NOIP will grant Patent for Invention.

However, in practice, the time from the filing to granting will be 18 months to 20 months due to huge load of work.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

Continue Reading

Should a startup founder worry about patents?

When you are in the early stages of your start-up, it may be tempting to cut corners in any way that you can to save time and money. However, you should realize that by doing this you aren’t setting up your business for the best scenario for success. 

Register patent in Vietnam

If you believe that your company brings a unique invention that other people could find useful, then you can certainly apply for a patent. Doing so early on can protect your business from potential issues in the future and it will solidify your legal claim to the idea that you are patenting. You may be surprised to learn that disputes over patents between companies is not exactly rare. If you put patents at the top of the list early on, you will save yourself a lot of headache in the future.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

Continue Reading

What are requirements for a patent?

Here are for obtaining a patent under U.S. law.

Requirements for Obtaining a Patent

Patent Attorney in Vietnam

1. To obtain a patent in the U.S., you must demonstrate that the idea is:

 -Eligible for patent protection

-Novel and does not infringe on the patents of another

-Non-obvious

-Useful

2. Once you have determined that your patent meets the above through development of your idea and a thorough patent search, you would then prepare and file your patent application along with the requisite filing fee.

Is It Necessary to Have a Prototype or Are the Designs Enough? and How Specific Do the Designs Need to Be?

While a prototype can be helpful in supporting your patent application, a working prototype is not required to apply for patent protection. However, you are required to describe your invention with a level of detail such that a skilled individual could recreate your invention from the specifications. Essentially, you will need to provide as much detail as possible.

Is It Possible to Get a Patent for Free?

You will need to pay the filing fees to the USPTO associated with your patent application. You can find a schedule of the USPTO fees here. Additionally, given the complexities of the patent process, you may also want to retain a patent attorney to assist you to improve the likelihood that your application will be approved.

Source: Quora

Continue Reading

Can you resell patents? Is there a platform for this?

A patent is a business asset, just like machinery or great processes - therefore it can be sold. A patent is simply a legal document granted by the USPTO that grants ownership of an invention for a period of 20 years (in most cases). However, in order to actually profit from a brilliant idea in which you’ve patented you must either sell the patent, license the usage rights, or market/create the product yourself. With a creative idea and strong patent, that list definitely goes from easiest to most difficult.

Patent Attorney in Vietnam

If you have full rights to patent and have made the decision to sell, there are a few ways to make this happen. Unfortunately, there is not some online exchange for this. However, you can still find the right person or company to sell your invention to. I recommend making direct contact with businesses that are in the same market and may be interested in your product. Additionally, you can attend trade shows to further network.

Sometimes it does take some money on the part of the patent holder in order to sell a patent. You may have some success buying ad space in industry magazines or trade publications to reach additional potential buyers. If all of these steps still don’t offer any leads, it may be necessary to use a broker to sell the patent. They will take a percentage of the total sale for their efforts.

Source: Raad Ahmed - Quora

Continue Reading

Can an invention be patented if it isn't new?

While you can’t patent an invention that has already been patented, you may be able to patent a particular function or design of it.

Patent Attorney in Vietnam

A utility patent is appropriate for new or improved inventions. Of course, in your situation, it would be for an improvement on an existing invention and not a patent for a brand new idea.

A design patent doesn’t focus on the use of the product at all. Instead, it focuses on the ornamental features of it. So, if you are creating a brand new look to an existing invention, then this may be protectable under this type of patent.

Source: Quora

Continue Reading

Intellectual Property Law: What makes a patent valid?

The validity of a patent can be relevant in two ways:

First, someone can challenge the validity of your patent and second, you can question the validity of theirs. Patent validity is an important question when litigation is being brought or considered.

Patent Attorney in Vietnam

A patent is a set of rights granted by a government that protects an invention. If a patent is given to the applicant, they have the right to block others from making, selling or importing their invention into the country for twenty years from the date of filing.

Prior Art is any evidence of your invention existing before the date you filed your patent application. Prior art can be evidence that an invention – the same or similar to yours – has been demonstrated to the public, written about in a magazine or that there are existing patents related to your invention.

Any references used to invalidate a patent must be from before the date of priority. The date of priority is when you filed your application. For prior art to be relevant, it must have existed before this date.

When you apply for a patent, you are obliged by law to report all known relevant references. Your patent application will also prompt the patent office to perform a prior art search to determine if the invention is novel and non-obvious.

If another inventor or company believes that prior art exists, which would invalidate your patent, they may start litigation against you.

After Infringement:

If you have infringed someone else’s patent, there are a few options open to you depending on how willing the patent holder is to negotiate. The patent holder may agree to sell you the patent or license it out to you for a fee.

Intellectual property laws have been constructed to encourage companies to cross license and come up with solutions to infringement that result in innovations and products. If you have infringed a patent, particularly in error, you stand a good chance of coming to an agreement with the patent owner.

A Blocking Patent:

 If no agreement can be reached with the patent owner, then their patent becomes a blocking patent. It blocks or prevents you from manufacturing or selling your invention. In this case, you need to take steps to invalidate their patent.

Patent Validity Search:

A patent validity search is a search of prior art designed to examine all possible areas where information might be found. The search is guided by information about the target patent; the patent which is stopping you from operating.

Claims Mapping:

Claims chart mapping is an infringement analysis. This process involves examining the claims in a patent.

Unlike the invention description, the patent claims can change throughout the process of the application. Inventors usually start off claiming a lot of protection across broad ideas and are told they can’t get that level of coverage. They then narrow down what they are claiming legal protection for in the patent.

An examination of the claims is essential to understand where the prior art may be relevant. This is true whether you are seeking to prove that your patent does not infringe anyone else’s rights or if you think someone else has infringed yours.

Infringement of Your Patent:

A patent validity search can interchangeably be called an invalidity search. The same extensive search for prior art is undertaken but with a view to proving a rival patent invalid rather than ensuring the validity of your own.

In this case, you want to examine any prior art that may invalidate the claims made in the target patent.

NPE Demand Letters:

A demand letter is a letter putting forward a legal claim and demand for restitution. This could come from a rival company who think you have infringed their intellectual property rights, or it could be from a non-practicing entity or NPE.

NPE companies have no products or services. They make money by acquiring intellectual property rights such as patents and using them as a basis for legal action.

NPE companies are bad news because they are only after financial gain and cannot be appealed to on any other grounds. The best way to counter these companies is to deter them from choosing to go after you.

Having a strong and well-protected intellectual property portfolio is central to this strategy. A good claims chart mapping process is in important in this case also.

The Importance of Validity Searching:

Validity searching improves your business on some levels. It can help you to prove infringements and refute accusations of infringements. Both of these actions build the strength of your intellectual property portfolio and make it more valuable. This is true whether you want to use, sell or license your intellectualproperty.

A strong reputation can be built upon this strong intellectual property portfolio. If rivals and NPEs think you are a soft target, they will commit resources and time to trying to find a problem with your patents. If you have a highly defensible patent portfolio, you will reduce the amount of people who see you as a worthwhile target.

Conduct a Patent Validity Search to:

- Invalidate a blocking patent

- Establish deterrents to demand letters from NPEs

- Carry out due diligence on a patent, patent portfolio or pending patent application.

Source: Quora

Continue Reading

What are the steps to getting a patent in the United States?

Congratulations on creating an app and wanting to take the next steps to protect your work. Here is a brief overview of the steps for obtaining a patent through the USPTO.

First, you need to be sure that no one else has already come up with the same product or technology and secured a patent on it. You do this by performing a thorough patent search. This is something you could try to do yourself, but often it’s best to engage the help of a professional who is familiar with conducting these types of searches and can give you an opinion.

Patent Consultant in Vietnam

Next, you’ll need to determine what type of patent you would be pursuing. The most common options are a design patent or a utility patent. In your case you would be filing for a utility patent.

Now you need to decide whether you are filing for a provisional or nonprovisional patent. A provisional patent is the first step to securing a filing date if you’re not ready to file the nonprovisional patent and start the examination process, but ultimately you’ll need to get a nonprovisional patent to protect your idea.

Finally, you’ll need to prepare and file the application along with the application fee. As this can be a confusing and difficult process, it’s recommended to hire an attorney to prepare the application for you. At this stage you’ll put together all the necessary information and submit it to the USPTO for examination. Once received by the USPTO, they will review the application and issue a determination. If it’s denied you’ll have the opportunity to appeal and request reconsideration.

Once a patent is ultimately approved, you’ll need to maintain it by paying the required maintenance fees to the USPTO.

Source: Quora

Continue Reading

What’s a Patent?

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. A patentee must disclose the invention in a patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

Patent Law Firm in Vietnam

INVENTIONS PATENTABLE

-Art, Process, Method or Manner of manufacture;

-Machine, Apparatus or other Articles;

-Substances produced by Manufacturing

-Computer Software which has Technical application to Industry or is used with Hardware

-Product Patent for Food / Chemical / Medicines or Drugs.

INVENTIONS NOT PATENTABLE

-Frivolous or obvious inventions.

-Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.

-Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature

-Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.

-Producing a new substance by mere admixtures of substances.

-Mere arrangement/rearrangement or duplication of known devices functioning independently.

-Method of agriculture and horticulture

-Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.

T-he biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).

-A mathematical or business method or algorithms.

-A Computer Programme per se other than its technical application to industry or a combination with hardware.

-Aesthetic creation including cinematography and television production.

-Method for performing mental act or playing game.

-Presentation of information.

-Topography of Integrated Circuits.

-Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.

-Inventions relating to Atomic Energy.

REQUIREMENTS FOR FILING THE PATENT IN INDIA

-Full name, address & nationality of applicant (s) and inventor (s).

-Specification, provisional / complete drawings , claims and abstract.

-List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , along with date and application number.

PROCEDURE FOR THE GRANT OF PATENT

-After filing Patent Application in India, a Request for Examination is filed with the Patent Office

-Thereafter the application is examined by patent office and objections, if any, are raised thereto.

-After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.

-The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.

RENEWAL

The patent is renewed every year from the date of patent.

Disclaimer: All the content provided in this article is for information purposes only. The owner will not be liable for any losses, injuries or damages from the display or use of this information. The owner of this blog is an intern at Legistify. To reach more such informative blogs, follow this link https://www.legistify.com/blogs

Source: Quora

Continue Reading