Patent - FAQ

Yes, you can file a patent under your personal name instead of a company name. Patents can be filed by individuals (as inventors) or by companies (as the applicants).

There is no strict limit to the number of applicants that can be listed on a patent. A patent can have multiple applicants (also known as "owners" or "assignees"), which could include individuals, companies, or organizations. The applicants are typically the entities or persons who own the rights to the patent.

The decision depends on your target markets, where you plan to manufacture or sell the product, and where you want to protect your invention. Patent protection is expensive, so it’s important to focus on key countries or regions.

Yes, you can still patent your invention even if you have been using it commercially, but you must file your application within the appropriate time frame (such as the one-year grace period in the US). If you have already been selling or using your invention, you need to file for a patent as soon as possible to secure patent protection.

No, you cannot file a patent without drafting a specification. The patent application must include a detailed description of your invention, often referred to as the "specification." The specification is a crucial part of the application, as it provides the necessary information for the patent office to assess your invention. Without it, your patent application will not be complete and likely will not be accepted.

Your invention is not fully protected immediately after filing a patent application, but you gain "patent pending" status, which offers some deterrent against infringement. Full protection and enforceable rights begin once the patent is officially granted.

The PCT is an international treaty that simplifies the process of filing patents in multiple countries. It allows inventors to file one international patent application that can be recognized by all PCT member countries, which simplifies the process for obtaining patent protection in multiple countries.

Intellectual property covers intangible results generated from creativity, technology, and business management, such as brand names, logos, patented technologies, and proprietary processes. An effective IP strategy helps prevent misuse or misappropriation, strengthens corporate image, attracts investors, and creates new revenue opportunities.

The main advantage of the PCT is that it delays the need to file separate patent applications in each country, giving you up to 30 or 31 months (depending on the country) from your priority date to decide where to seek patent protection. This gives you more time to assess the commercial viability of your invention before incurring the cost of national filings.

The priority deadline is the time limit to file a patent application in other countries and claim the filing date of your first application. You usually have 12 months from the date of your first filing (priority application) to file in other countries and keep the same filing date.

A priority document is an official document that shows the filing date of your first patent application. It allows you to claim priority when filing in other countries, so you can use the original filing date instead of the later filing date.

Yes, you can amend your PCT application before it enters the national phase. However, amendments must comply with the PCT regulations, and the scope of your claims cannot exceed what was originally disclosed in your application.

Yes, you can file a PCT application without having filed a national application first. However, if you want to claim priority rights based on an earlier application, the PCT filing must be made within 12 months of that original filing date.

A US Provisional Patent Application is a temporary patent application filed with the United States Patent and Trademark Office (USPTO) that establishes an early filing date for an invention. It allows inventors to use the term "patent pending" while providing up to 12 months to file a non-provisional patent application.

1. Establishes an early filing date: This date can be used as the priority date for a later-filed nonprovisional application.

2. Cheaper and simpler: The provisional application requires fewer formalities and doesn't need claims, oath/declaration, or an official patent examination.

3. 12 months to file a non-provisional: You have 12 months to file a non-provisional application, which gives you more time to further develop your invention or secure funding.

No, a provisional patent application does not result in a granted patent. It simply establishes the filing date. To secure patent rights, you must file a non-provisional patent application within 12 months of the provisional application.

Yes, you can claim priority from your provisional patent application when you file a non-provisional application. The non-provisional application must be filed within 12 months of the provisional application’s filing date to benefit from the earlier priority date.

No, any new matter added to a non-provisional application that wasn’t included in the provisional application will not benefit from the provisional filing date. The non-provisional application must be based on the same disclosure as the provisional application, with no new matter.

No, a provisional patent application is not examined. It only serves as a placeholder to establish the filing date. It will not be reviewed for patentability until a non-provisional application is filed.

Intellectual property is a cornerstone of technological innovation and value growth for SMEs. Around seventy percent of enterprise value comes from intangible assets, and failing to secure legal protection early can expose a business to infringement and operational risks.

Intellectual property registration is highly territorial. Registration in one jurisdiction is generally protected only in that jurisdiction, so businesses must pursue separate filings according to the laws of each market.

Patent applications usually take two to five years because the examination process is rigorous and technically complex, and drafting the specification alone may take four to five weeks.

Application progress is affected by pre-filing preparation, official examination procedures, and adversarial actions during the process. Inadequate searches and poor document quality can cause delays.

Patents grant the owner an exclusive right for a certain period, preventing others from manufacturing, using, or selling the invention without permission, which is critical to maintaining a competitive advantage.

Patentability is assessed based on three core criteria: novelty, industrial applicability or utility, and inventive step or non-obviousness.

Patent registration requires clearly defining the technical features of the invention, conducting a patent search, selecting the appropriate patent type, and submitting application documents including the title, background, abstract, and specification.

After filing, professional examiners review novelty, utility, and non-obviousness. The applicant may receive office actions and need to respond, and upon allowance, must pay the grant and publication fees.