What Is a Patent?

A 특허출원 is a form of intellectual property that ensures the creator of an invention can protect their intellectual property from being copied or used by others. The patent application process can be very complex, depending on the nature of the invention. However, it usually involves some form of patent licensing or an assignment to a patent-holding company.

Simply put, a patent is a type of intellectual property that gives its owner the right to exclude others from making, using or selling the patented invention. Depending on the jurisdiction, the patent may also give its owner the right to sue for damages if the invention is copied.

The granting of a patent usually implies that the inventor made a significant investment of time and money into the development of their product. Additionally, the patent can serve as proof of their innovation and uniqueness, which in turn may encourage other parties to invest in the development of similar products. To maintain the exclusivity of their patent, inventors must take precautions to avoid its disclosure to others. Therefore, patent applications should be scrutinized by skilled legal practitioners to ensure the protection of the applicant's intellectual property.

If you are interested in applying for a patent for your invention and would like to know more, the first step is to identify the jurisdiction that owns the patent. Most jurisdictions have laws that provide for the protection of intellectual property rights, so if you are writing your invention down as a written document you may want to consider searching for a patent attorney in your state or province.

Once you have found the jurisdiction that owns the patent, you can move on to the process of applying for a patent. It is a long, time-consuming process, but if you follow the correct steps you will ensure the protection of your intellectual property and be on your way to becoming a patent inventor. Of course, you can always hire a lawyer to help you navigate the legalities of the patent application process. They will be able to negotiate the terms of your licensing agreement with intellectual property owners and/or handle any litigation that may arise. However, it is always advisable to handle such matters yourself, when you are able, as you may not be as familiar with the ins and outs of the legal process as a trained attorney.

You will need to prepare a patent application in almost all jurisdictions. This involves describing the invention, demonstrating how it works, providing the relevant patent applications if needed and filling out the necessary forms. The form that you will need to prepare depends on the jurisdiction that you are applying in and can be obtained from the local patent office or the International Patent Office. Some of the forms that you will need to complete include:

• A concise, plain English description of your invention
• A drawing or illustration, where needed
• Information about the materials that you used to build your invention
• A list of prior art, if applicable
• Your qualifications
• Your contact details

If you are writing your invention down as a detailed document, you will need to consider how you are going to present it in the best possible light. Therefore, it is advisable to hire an expert patent attorney to help you draft the patent application, as they will have the necessary skills to format the document in an easily understandable way.

The timeframe for which you can apply for a patent depends on the jurisdiction that you are in and the type of patent that you are applying for. Most jurisdictions give you a period of time known as ‘the grace period', which is typically between one and two years from the date of filing. In the United States, for example, you are generally able to file for a patent within 12 months of your application being accepted. However, if you are applying for a design patent you have a one year grace period.

Once your patent application has been accepted, you will need to continue to monitor the progress of your patent through the process of issuing and enforcing your patent. There is usually a fee that you need to pay for the issuance of your patent and its maintenance. Additionally, you can hire a legal practitioner to help you with the enforcement of your patent if needed. The process can be very complex and may require you to be vigilant about the actions of others, who may be infringing upon your patent. In the United States, for example, there is a legal procedure known as a ‘Petition for a Trade Mark Trial' that allows you to request a court hearing to determine the validity of your patent. In that petition, you will give a detailed description of the invention that you are applying for protection and will need to prove, through a preponderance of evidence, that your patent is valid.

While a patent protects your invention from being copied or used by others, a copyright gives you the legal right to reproduce your work and share it with others. A copyright also gives you the right to be identified as the author of the work as long as it is attributed to you. The main difference between the two is that a patent only covers the manner in which the invention functions and can be replicated, while a copyright protects the work itself as a form of artistic expression. Additionally, you may want to consider applying for a copyright, if your work is sufficiently unique and you believe that there is the potential for it to become a ‘cultural icon'.

Because a patent gives you the right to exclude others from making, using or selling your invention, you should consult with a knowledgeable patent attorney in your state or province, before beginning the process of applying for a patent. They will be able to assist you in understanding the advantages and the limitations of a patent and help you decide whether or not it is the right tool for the job.