Many pitfalls surrounding inventions, patent right applications and protection can be prevented when properly informed. As such we answer a few of the questions surrounding patent right applications, procedures, and protection.
Does my invention have to be patented if I want to publish information about it in a journal, database or a newspaper?
No, your invention can be discussed in any way you want, but you should know that once the information has been disclosed, you will not be able to secure invention rights any longer. Your invention should not be disclosed at all to any parties if you want to get it patented before you have filed an application.
Does the patenting office prevent other parties from exploiting or copying my invention?
No, even through the patent right grants exclusive use of the invention, the patenting office does not act as a guardian. Should you find any infringements of your rights, you need to consult with a lawyer and follow the required procedures to ensure compensation and further unlawful exploitation of the idea by a third party. The patenting offices serve as registration authorities.
Does pending status provide exclusivity to the applicant of the patent right?
It does serve to provide you the first rights to the invention as the earliest filing date is always used to establish the true inventor in case of a dispute. It provides temporary exclusivity to provide the inventor time to develop the idea, obtain funding, and establish a market.
If you want to obtain a patent right for an invention, get in contact with us to ensure that you don’t fall into one of the many pitfalls surrounding inventions.
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