How do you get an idea patented?

While an idea is not eligible for patent protection, most reproduceable inventions are. If you have created something new, novel, and reproduceable, chances are that your creation is eligible for legally enforceable intellectual property rights protection.

Vietnam patent 

It’s important to understand that not all creations are treated the same under the law. If you’re an artist, author, or musician and you’ve created an original work of art or authorship, your work isn’t patentable. Instead, you’ll want to register the copyright for your work (which is created as soon as your work is fixed in a tangible form) with the U.S. Copyright Office. If your business has developed a branding tool, such as a graphic, logo, phrase, original domain name, etc. then you’ll need to register your original trademark with the United States Patent and Trademark Office. However, if your novel and reproduceable creative work is a manufactured product, process, machine, product design, or plant species, that work may be patentable.

Source: Quora

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What are the steps to get a patent?

The best way to file a patent application is to be well prepared for your meeting with a patent attorney or agent who will prepare and file the patent application. Here are the steps that a savvy inventor takes prior to meeting with their patent attorney or agent:

 Register patent in Vietnam

1.Pull together a list of names, residence addresses and citizenships for everyone who contributed to the technology being protected. If you are incorporated, or other business entity filing your first application, gather the legal company name, state of incorporation and official address.

2.Pull together a list of any disclosures of the invention made to others. These can include offers to sell, license or commercialize the invention, papers that you and/or your colleagues published, web site or social media postings, and so forth. This will enable your patent attorney or agent to determine a date by which he/she must file your patent application.

3.Prepare a description of your invention, including a breakdown of the device or code module into functional pieces. Describe each piece and how it relates to the whole. This will enable your patent attorney or agent to prepare a specification portion of your patent application. The legal standard provided under the US patent law is that the specification must be complete enough to enable a person skilled in the relevant art, but not familiar with your invention, to build a working unit. So, the more detail you include, the better the final product will be and the quicker the turn around time by your patent attorney or agent, saving them time and you money.

4.Supplement the description above with figures. Flow charts, block diagrams, system diagrams, data flow diagrams, and so forth are all welcome. Hand drawn will work, but drawing files made using a CAD program, Microsoft Visio, Corel Draw or other drawing program usually can be used by the attorney or agent, saving them time of re-drawing the figures with one of these programs, which will save you money.

5.Make a list of at least three features or elements that your invention has or is able to do that are not provided by any known competitors. Also, include an advantage for each feature or element. This will enable your patent attorney or agent to prepare a claim set for your patent application. Good claims include enough detail about features and elements not found elsewhere to pass examination at the patent office.

6.You don’t need to search competitors’ systems, but to the extent you know of them, make a list of these as well. If there are published papers, articles, etc. in the technology area that describe approaches taken prior to your invention, bring these as well. This will enable your patent attorney or agent to prepare an Information Disclosure Statement for your patent application, which will satisfy his and your duty to disclose any known information relevant to patentability to the patent office.

What did you leanr from applying for a patent?

Now you are ready to meet with your patent attorney or agent. Bring items 1 - 6 above with you to the meeting. Schedule at least an hour and perhaps as much as two to go over the details with the patent attorney or agent. At the end of the meeting you and the patent attorney or agent should be able to arrive at an agreed protection strategy, a prototype claim, an estimated budget for the project and an anticipated date for completion.

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How do patents work for cosmetics?

How do patents work for cosmetics? What can be done if there is already a patent that exists for my idea?

This is an American perspective. Patents for cosmetics do not work very well.

A lot of the applications I see are mostly marketing proposals “we are using all natural organic ingredients…” to do what one would expect these ingredients to do. Well, that’s not patentable subject matter under section 101 of the Patent Act because it is directed to a natural compound that does not perform a surprising result.

It’s easy enough to get around this. You can add a single non-naturally occurring preservative, but then you are not selling something, “using all natural organic ingredients…” and that messes with your marketing.

The next problem is that you need to have at least one ingredient that has never been used in cosmetics before. This is really hard to do because old patent applications in this field list thousands of ingredients that can be combined in all quantities from 0.1 to 99%. Those applications render almost any combination of “all natural organic ingredients” either anticipated or obvious.

Now, if you do have a new non-naturally occuring active ingredient, then, of course, the patent system, in conjunction with the exclusivity provided in some instances with the FDA works really well. So well, that other countries have started modeling the American system. 

You may want to have a patent attorney take a look at the other patents that exist in your space. It is possible that you may be able to capture some value from those patent owners.

How ANT Lawyers Could Help Your Business?

To learn more about ANT Lawyers IP Practice or contact our Patent Attorneys inVietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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