A patent is an exclusive right conferred upon an inventor by the government to make, sell, or use an invention, product, process, or design. This right grants full ownership to the inventor for 20 years, prohibiting other inventors from copying the patented invention.
There are various types of patent protection for different types of inventions and also for different circumstances. This article will discuss types of patent protection, what they mean, and how they work.
Obtaining a patent in a particular country only grants you protection in that specific country. For instance, if you’re looking to get international patent protection in Dallas, it doesn’t exist as a patent obtained in the U.S.A. is only valid in the U.S.A. However, an international patent application can be filed. An international patent application in itself is not a guarantee that a patent will be granted, but it saves you the stress of applying for numerous patents in several countries. The application is filed in one language to several contracting countries, after which a translator may be needed for the application to be filed to the various contracting countries. The patent in each country is granted based on the country’s laws and guidelines. However, a patent agent must be a licensed patent practitioner of the specific country; this implies that the inventor will need several patent agents in different countries.
A pharmaceutical or drug patent is one obtained for an invention in the chemical field. These patents protect the chemical structure of the drug and the method or process of manufacture and use. Just like every other kind of patent, you would require a patent agent, preferably a pharmaceutical patent attorney. In Dallas, the patent is usually granted by the United States Patent and Trademark Office about 3 or 4 years after the patent filing. A pharmaceutical patent is valid for 20 years from the first filing date. However, there could be extensions to the patent due to delays during the filing and approval process.
You cannot file a patent for naturally occurring bacteria and microorganisms; however, a patent can be filed for genetically modified organisms, vaccines, processes, or isolating various microorganisms or biomarkers can be patented. If you’re looking to obtain such a patent in Dallas, you would need a biotechnological patent attorney in Dallas. The biotechnological patent attorney will play a major role in the success of your patent application. Some of their functions include;
- Prepare patent application
- Carry out patent searches with mastery in life science and biotechnology law
- Filing and prosecuting U.S. patent application
- Filing of international patent application
Filing for and obtaining a patent has great benefits. However, there are also several aspects of this process. We’d take a look at some of the pros and cons of patents.
- Exclusivity: This is probably the biggest advantage of owning a patent. Exclusivity comes with a lot of market value. Imagine being the only one in a country capable of creating, using, and selling a particular product for as long as 20 years.
- Multiple investors: patentable inventions attract a large number of investors because they know how much value a patentable invention would bring.
- Status: no one can downplay the prestige and significance that comes with owning a patented invention. First, it’s recognizing the inventor and then the exclusive right to use, create or provide said invention to the public.
- Complex and stressful process: Although there are numerous benefits to owning a patent, however, filing for one can be very stressful and complex.
- Cost: Perhaps, maybe the biggest downside of filing for a patent is the associated expense. Unless you’re already a big business mogul or company owner, then a patent is sure to put a dent in your finances, especially when trying to obtain one in several countries. Although the long-term gain is worth it, it’s a very expensive process in the short term.