How do I get a patent for a website/app idea?

You can’t patent an idea. Patents are for tangible inventions, so you need to have an invention to be granted a patent. An invention can be a product, a machine, a process or a method for doing something; but, an idea is not an invention. That is not to say that you can’t get a patent, you just can’t get a patent on your whole idea. You need to define what it is you are seeking a patent to protect.

Patent Consultant in Vietnam

So your first step is to determine if you have an invention. If you do have an invention, it still must meet certain requirements to receive patent protection. It needs to be new and not simply an obvious improvement. The “state of the art” will be examined to make sure that the claimed invention is not already in the public domain and that it is more than an obvious improvement on what currently makes up the state of the art. The invention also needs to be useful. The idea behind a patent is that as a society we want to incentivize innovation that provides value to society by granting inventors very strong patent protection. So, in order to get the patent protection, you need to show that your invention has a use to society.

Now, those are the basic requirements, but how do you actually get a patent? Well, you will want to hire a patent attorney to help you with the application process because it can be tricky. You will file an application with the US Patent and Trademark Office. For that application, you will need to persuade the PTO that your invention is worthy of a patent and to do that you will need to gather evidence that will prove that you invention meets all patent requirements.

Generally, patents provide the most protection of all intellectual property rights and therefore are also generally the hardest to acquire. But, an experienced patent attorney will know how to navigate the process and will be able to advise you about your best options.

Source: Quora

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How do you patent your startup idea?

You can’t patent an idea, but that doesn’t mean you can’t get a patent on some part of your startup. A patent is for an invention but it doesn't necessarily have to be a product, it can be a process or a method of doing something or it can be an improvement on an existing product, process, or method. The first thing is that you need to determine whether you have an “invention” that can be patented.

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Along with the proper subject matter above, the invention also needs to be new and non-obvious. An invention that is already in the public domain or has already been patented will not be granted a patent. It also needs to be more than an obvious improvement. The standard is determined by looking at the prior art of the subject area and determining whether the claimed invention is simply an obvious improvement on what was already in the public domain. If the claimed invention is only an obvious improvement, it will not be granted a patent. You will also need to prove that your claimed invention is useful.

Whether you meet the requirements will be determined by the USPTO through the filing process. You will submit all required application and filing materials to the office and they will make a determination on the patentability of your claimed invention. I would suggest that you hire a patent attorney to help you with the filing process.

To answer your more specific question, it seems like what you really need is a non-disclosure agreement. An NDA is an agreement between parties to not disclose certain information allowing you to choose who gets to hear your secrets and prohibit those chosen people from further disclosure of your secret to other people. So, if you want a patent because you are worried about disclosing your secrets without protection, then an NDA will offer you that protection. Again, though, you would want to hire an attorney to help you draw up you NDAs.

Source: Quora

If you are looking for an experienced patent attorney in Vietnam to help you with your patent or an attorney with experience drawing up NDAs, you should visit ANT Lawyers.vn. We are supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.   Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

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How to register a patent in Vietnam?

Law on Intellectual Property of Vietnam had come into effect from 2005 to keep up with the considerable development of the world. One of the most important subject of Intellectual property is patent which contribute a huge part for the mankind development. According to Vietnamese law, to be granted patent title, a patent must fulfill 3 conditions which are: (i) novelty; (ii) inventive nature; (iii) susceptible of industrial application.

Register Patent in Vietnam

Firstly, a patent shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application. Besides, a patent shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

-It is published by another person without permission from the person having the right to register it;

-It is published in the form of a scientific presentation by the person having the right to register it;

-It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it

Secondly, An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art.

Thirdly, an invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

If a patent fulfills the above criteria then it is granted patent title.

What is the process of registration a patent in Vietnam?

After submitting the patent application into Noip (Intellectual Property office of Vietnam), it shall gone through 2 phases of examination which are formal examination and substantial examination.

Formal examination of applications means examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid, this phase would take from 1-3 months. All applications accepted as valid shall be published by the Noip in the Industrial Property Official Gazette.

After the publication, if there are no third parties object the application, then it go to substantial examination. The purpose of substantive examination of applications is to assess the protectability of objects stated in those applications under the protection conditions and corresponding protection coverage (volume). This phase would take from 12 months to 16 months. If it does meet protection criteria, NOIP will grant Patent for Invention.

However, in practice, the time from the filing to granting will be 18 months to 20 months due to huge load of work.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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Should a startup founder worry about patents?

When you are in the early stages of your start-up, it may be tempting to cut corners in any way that you can to save time and money. However, you should realize that by doing this you aren’t setting up your business for the best scenario for success. 

Register patent in Vietnam

If you believe that your company brings a unique invention that other people could find useful, then you can certainly apply for a patent. Doing so early on can protect your business from potential issues in the future and it will solidify your legal claim to the idea that you are patenting. You may be surprised to learn that disputes over patents between companies is not exactly rare. If you put patents at the top of the list early on, you will save yourself a lot of headache in the future.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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What are requirements for a patent?

Here are for obtaining a patent under U.S. law.

Requirements for Obtaining a Patent

Patent Attorney in Vietnam

1. To obtain a patent in the U.S., you must demonstrate that the idea is:

 -Eligible for patent protection

-Novel and does not infringe on the patents of another

-Non-obvious

-Useful

2. Once you have determined that your patent meets the above through development of your idea and a thorough patent search, you would then prepare and file your patent application along with the requisite filing fee.

Is It Necessary to Have a Prototype or Are the Designs Enough? and How Specific Do the Designs Need to Be?

While a prototype can be helpful in supporting your patent application, a working prototype is not required to apply for patent protection. However, you are required to describe your invention with a level of detail such that a skilled individual could recreate your invention from the specifications. Essentially, you will need to provide as much detail as possible.

Is It Possible to Get a Patent for Free?

You will need to pay the filing fees to the USPTO associated with your patent application. You can find a schedule of the USPTO fees here. Additionally, given the complexities of the patent process, you may also want to retain a patent attorney to assist you to improve the likelihood that your application will be approved.

Source: Quora

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Can you resell patents? Is there a platform for this?

A patent is a business asset, just like machinery or great processes - therefore it can be sold. A patent is simply a legal document granted by the USPTO that grants ownership of an invention for a period of 20 years (in most cases). However, in order to actually profit from a brilliant idea in which you’ve patented you must either sell the patent, license the usage rights, or market/create the product yourself. With a creative idea and strong patent, that list definitely goes from easiest to most difficult.

Patent Attorney in Vietnam

If you have full rights to patent and have made the decision to sell, there are a few ways to make this happen. Unfortunately, there is not some online exchange for this. However, you can still find the right person or company to sell your invention to. I recommend making direct contact with businesses that are in the same market and may be interested in your product. Additionally, you can attend trade shows to further network.

Sometimes it does take some money on the part of the patent holder in order to sell a patent. You may have some success buying ad space in industry magazines or trade publications to reach additional potential buyers. If all of these steps still don’t offer any leads, it may be necessary to use a broker to sell the patent. They will take a percentage of the total sale for their efforts.

Source: Raad Ahmed - Quora

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Can an invention be patented if it isn't new?

While you can’t patent an invention that has already been patented, you may be able to patent a particular function or design of it.

Patent Attorney in Vietnam

A utility patent is appropriate for new or improved inventions. Of course, in your situation, it would be for an improvement on an existing invention and not a patent for a brand new idea.

A design patent doesn’t focus on the use of the product at all. Instead, it focuses on the ornamental features of it. So, if you are creating a brand new look to an existing invention, then this may be protectable under this type of patent.

Source: Quora

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How do I write a good provisional patent application?

Filing a provisional patent application is certainly easier, cheaper and faster than filing a utility patent application. It’s a route that allows you to to buy some time (a year), to develop and market your idea. 

Patent Attorney in Vietnam

If it gains traction during the year, then you can convert it into a utility patent; if not, then you can simply let it lapse knowing that you made the right decision to not invest the thousands of extra dollars and years it would’ve taken to obtain a utility patent.

1.Search Before You Write

The first step you need to take is to do a patent search. This will tell you whether your idea has already received patent protection. Start here with Google Patent search. You’ll also want to search the USPTO database. Conclude your search with a simple worldwide search here.

Conducting a general search (e.g., text search using Google) for inventions similar to your own that haven’t been patented is also a good exercise. This will reveal whether others have already productized your idea, and if so, how your idea is different - and hopefully superior. You’ll often find that there are many expressions of unpatented ideas floating around the marketplace. This is a rich source of information for you if you’re considering patenting your innovation.

You’ll likely find inventions that are similar to your own, but not necessarily the same. Your job is to look for the differences and what makes your invention unique. Those distinctions are going to fortify your application, so make sure you’re able to describe those differences thoroughly, specifically and clearly.

2.Write Simply, But Thoroughly

You should start by first writing a list of unique benefits and features that distinguish the novelty of your idea. I’d suggest taking your time in developing a very thorough, well thought out profile - a week or so is about right, with some attention devoted to developing your list each day. This will help you immensely when you start to complete the actual application.

3.The Application

You application will consist of: (1) a specification, (2) a drawing, (3) the USPTO Cover Sheet, and (4) the filing fee.

Your specification will include these sections: Title, Description of the Invention, Claims and Abstract.

You will also need to include drawings. These can be sketched by hand and scanned into your specification doc, or you can do them with design software, CAD, PowerPoint, manuals or something similar - whichever is easier for you.

The key thing to focus on with your drawings is to make sure you clearly, comprehensively and capably show enough detail of your innovations to convince the USPTO examiner that your idea should be granted patent protection.

Next, you should specify your claims. Please note that you are not required to include your claims in a provisional application, so you can skip this part if you want to; however, it’s highly recommended that you do so. They describe what it is precisely that your patent protects.

Keep it simple, but focused. Select the top features that distinguish your invention and provide a brief, but detailed description about each characteristic. You’re not writing a final set of claims (which will come later if you convert to a utility patent); you just need to make sure you’re not limited in the future. Therefore, your claim should follow this type of format: “A [machine, device, method - whatever it is you’re protecting] that consists of [insert the two or three distinguishing features here].”

You’ll need to write an abstract, which simply means a very brief summary of your invention. For this part, you can simply re-state what you described in your claims.

You will also need to complete a “Provisional Application for Patent Cover Sheet,” which you can download here.

Finally, you’ll need to pay your fees. You can file electronically or non-electronically (snail mail). The non-electronic filing is $200-$400 (depending on your company’s size), and are in addition to the filing, search and examination fees.

The application fees (separate from the above filing fee) ranges from $65 for a micro entity up to $260 for a large entity. You can see all USPTO fees here.

Final Things You Need to Know

Your provisional patent will automatically lapse exactly one year from your filing date. If you want to convert your provisional patent to a utility patent, you must do so before the one year anniversary date of your filing. So, for example, if you filed your application on June 1, 2018 your must file your utility patent application no later than the close of business on June, 2019.

Once you have filed, you’re entitled to use “patent pending.”

You are not permitted to claim priority from another application.

The provisional application must be made in the name/s of all inventor/s.

If you convert your provisional to a utility application before the end of one year, you can claim priority to your previous provisional application/s.

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How can I know what is an important patent?

-An important patent is one that does some of the following:

Patent consultant in Vietnam

-Earns a lot of licensing income.

-Sells for a lot of money.

-Lets the owner make a lot of money while preventing competition from doing the same.

-Inventions that are valuable to society and the world at large are important inventions.

-If the patent is sought, issued, and exploited for unconscionable profit, then the patent is

important, but in a negative way.

-If the invention is important and the inventor wants to make it freely available, the inventor doesn’t seek a patent, but publicly discloses the details. That’s what IBM did with the scanning tunneling microscope, making it freely available to the world.

Source: Quora

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How can I protect my idea for an app?

Patents can offer tech startups many benefits, assuming you have something patentable. They attract investors and can deter competitors. A startup with patent protection is more valuable to companies interested in forming a joint venture or making an acquisition as well. Further, a startup has the ability to license its patent, providing a business another way of generating funding while expanding its market simultaneously. The problem is that you can’t patent an idea; you need something tangible.

Patent Consultant in Vietnam

If you prefer to save some money, confidentiality agreements and trade secret protection may work just as well as costly patent registration, especially when combined with exceptional innovation design and speed. All employees, board members and advisors should be required to sign agreements obligating them to assign all business-related IP to the startup. You will also want to extend IP protection through agreements with non-employees, including vendors, outsourced designers, consultants, engineers, and even customers.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

Source: Quora

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What do the terms “patent pending” and “patent applied for” mean?

If you're involved in the patent process, then it will certainly be beneficial to understand what specific terms and phrases mean.

Vietnam patent

The terms "patent pending" and "patent applied for" are virtually the same concept. This means that you have applied for the patent, but have not yet been issued. Essentially, it indicates that you have applied for protection, but the details and scope of that protection are yet to be determined.

You may be curious as to why this status has any bearing in the business world. Actually, it can let investors know that you have taken the first steps and have a plan in the works. For some, this is enough to move forward with further discussions.

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What’s a Patent?

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. A patentee must disclose the invention in a patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

Patent Law Firm in Vietnam

INVENTIONS PATENTABLE

-Art, Process, Method or Manner of manufacture;

-Machine, Apparatus or other Articles;

-Substances produced by Manufacturing

-Computer Software which has Technical application to Industry or is used with Hardware

-Product Patent for Food / Chemical / Medicines or Drugs.

INVENTIONS NOT PATENTABLE

-Frivolous or obvious inventions.

-Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.

-Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature

-Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.

-Producing a new substance by mere admixtures of substances.

-Mere arrangement/rearrangement or duplication of known devices functioning independently.

-Method of agriculture and horticulture

-Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.

T-he biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).

-A mathematical or business method or algorithms.

-A Computer Programme per se other than its technical application to industry or a combination with hardware.

-Aesthetic creation including cinematography and television production.

-Method for performing mental act or playing game.

-Presentation of information.

-Topography of Integrated Circuits.

-Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.

-Inventions relating to Atomic Energy.

REQUIREMENTS FOR FILING THE PATENT IN INDIA

-Full name, address & nationality of applicant (s) and inventor (s).

-Specification, provisional / complete drawings , claims and abstract.

-List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , along with date and application number.

PROCEDURE FOR THE GRANT OF PATENT

-After filing Patent Application in India, a Request for Examination is filed with the Patent Office

-Thereafter the application is examined by patent office and objections, if any, are raised thereto.

-After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.

-The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.

RENEWAL

The patent is renewed every year from the date of patent.

Disclaimer: All the content provided in this article is for information purposes only. The owner will not be liable for any losses, injuries or damages from the display or use of this information. The owner of this blog is an intern at Legistify. To reach more such informative blogs, follow this link https://www.legistify.com/blogs

Source: Quora

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