Patent Myths and Misunderstanding !

A patent protects what is shown in the drawings

  • The patent claims define the scope of protection, not the drawings.

  • The drawings only illustrate the examples.

  • A good application is filed with claims broader than the examples.

  • The claims issued might remain broader than the examples.

  • The claims issued might no longer include all examples.

A provisional patent is the normal or preferred first step on the road to obtaining a patent

  • The normal and preferred first step is a non-provisional application.

  • While there are legitimate uses for a provisional patent application, it increases overall costs and it has risks for anyone not experienced in patent matters.

  • Using the provisional patent application route to obtain a “patent pending” can destroy the potential for obtaining meaningful patent protection down the line.

Something shown and/or described in an expired patent can be re-patented

  • What is shown and/or described in any patent, expired or not, is known.

  • Something known cannot be new.

  • To be patentable, the subject matter must be new.

  • To be patentable, the subject matter must also be non-obvious in comparison to what is known.

Something is patentable if it is not “out there” – wrong, if “out there” means what is on the market –

  • To be patentable, the subject matter must be both new and non-obvious in comparison to what is known.

  • What is known is defined by statute and court interpretations, and it includes far more than what is on the market.

  • The patent literature, which is just one source of known s, includes many, many things that are not, and never have been, on the market.

Patent makes people rich.

  • There is no guarantee that an invention, design, or plant that is patented will sell. In fact, most patents do not generate income for  their owners.

Patent are offered only to great ideas

  • Patents are not issued for great ideas or mere suggestions. Patents are granted to people who (claim to) “invent or discover any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”—to quote the essence of the U.S. statute governing patents.

Provisional patents

  • Provisional patents do not exist. Rather, a Provisional Application for Patent, which is often confused as a “provisional patent,” is a legal document filed with the Patent office that ascertains an early filing date and is not subject to some of the formal requirements necessary for a regular patent application. Moreover, it only develops into an issued patent when the applicant files a regular patent application within one year. A provisional application is not meant to provide any enforceable rights, which is often frightening for inventors. This application is not reviewed by the patent office and becomes invalid 12 months after filing.

Patent your idea.

  • Ideas can not be patented. Inventions are patentable. This could be explained as , unless and until one implement his ideas and comes up with a working system he can not file a patent application. Systems (machine) which solves any kind of problem can only be patented

 

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