Reasons For Adding Claims To A Patent

No Comments
By Jessica Sanders


In the world today, it is not uncommon to see people marvel the introduction of revolutionary technologies every so often. These new discoveries ultimately give rise to new innovative ways of working out critical aspects of life. Inventors are encouraged to file an application that allows the Adding Claims to a Patent to gain the rights of protection. In the long run, it safeguards your interests in your invention.

By definition, a patent is a set of limited rights provided by the federal government to the claimant that is valid for a certain period time in exchange to the benefits that come with public disclosure. Hence, filing provides descriptive information pertaining to an invention for which a claimant is seeking patency. This information is very integral to a filing, because, without such details, examiners will object it.

Still on protection rights, The U. S Patent and Trademark Office grants protection of an invention based on the details provided in the filing. One may fully describe an invention to the depths its working mechanisms, but that is just a prerequisite by the laws and statues. If an inventor fails to widely cover the claim portion, then everything is in vain, and all prospects of owning your own brand are shuttered.

Your patent is equally as important as the claims. For a grant to be awarded, one ought to fully fill in the description. Unfortunately, people do not give a comprehensive information about their invention, oblivious that infringers are always on the look out to spot any loopholes to gain claim to an innovation that they never took part in discovering. And that is why people seek the services of an attorney.

Filing for claims involves a lot. Without proper understanding of the process, the probability of making mistakes is high. That is when patent attorneys come in handy. They have a versed understanding of Intellectual Property statutes. They can therefore provide legal counsel to their clients. Further, if they hold a litigation license, they can argue on your behalf in court proceedings involving protection rights.

There have been instances where examiners decline to grant inventors the exclusive patents. That mainly occurs when they find the invention to be inspired by a previously existent art. An invention as such falls short of novelty. To counter objections, claimants are permitted by the law to amend some aspects of their applications. Some compelling reasons that sway people to amend their claims are expounded below.

A common, and presumably the most straight forward reason why a claimant may want to review their patents is to combine two or several descriptive clauses as part of their central claim. An examiner will have already indicate whether or not a subordinate clause is subject to objection. Such prior indication enables one to note the likelihood of being granted protection through their modification. One advantage of combining dependent clauses, is that it limits your financial input in case of legal prosecution, because they can be changed to counter an objection.

Inventors can also make changes in their claims after protection has been granted. Normally, such amendments are meant to preserve the validity period. However, such reviews do not warrant an extension of protection rights.




About the Author:



0 التعليقات

إرسال تعليق