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Common Legal Issues during the Patent Process

The patent process is quite complicated and you will need the help of a competent and experienced lawyer in order to protect your intellectual rights properly. There are many legal challenges you will face on the road to obtaining a patent and some of these will be explained below in the article.

The initial stage of the patent process is where the patent attorney will conduct a search in order to check whether your invention is unique. The patent databases can be extensive which requires specialised skills to navigate. But when you work with an expert patent lawyer, they will be able to carry out a comprehensive search to clear any doubts whether your invention meets the patentability criteria or not. Once your invention has been found to be novel, you will need to draft a patent application. Your invention can be rejected on the grounds of a poorly drafted patent application.

Sometimes it will not carry adequate information and this will put you at square one. You need to be successful in this stage in order to enforce the patent. But as patent lawyers have a lot of experience in drafting patent applications, there is a high chance of success. They will know how to describe your invention in a comprehensive way and give you a better position at obtaining a patent.

There is an examination process once your patent application is submitted

There will be patent examiners at the patent office that will examine these. And sometimes, office action will be issued by them. They may request certain amendments to be done or your patent application can be rejected. An experienced patent lawyer can help you respond to these office actions properly and ensure that any amendment made is properly structured.

Your patent lawyer will also be able to conduct infringement analyses to identify whether your patent is being infringed upon. This process involves the comparison of your patent claims to any processes or products of potential individuals or companies that are infringing on them. If your lawyer suspects infringement, then your patent rights can be enforced. This can be enforced through litigation or outside of it by using cease-and-desist letters.

Once you are granted a patent, you will need to pay maintenance fees at certain intervals

And if you don’t pay the maintenance fees, your patent can be abandoned. Your patent lawyer can help keep track of these payment deadlines ensuring that your patent remains to protect your intellectual property. There are certain instances where you are not able to settle a dispute regarding patent ownership or infringement out of court. This will require you to go into litigation which can be quite a lengthy process.

It is also a complicated process that can be navigated by a skilled patent lawyer. They will represent you in court and present your case in order to protect your intellectual property rights. There are also many challenges involved with obtaining international patent protection. The requirements of patent offices in different offices will vary along with their procedure so these complexities can be successfully navigated by an experienced patent lawyer.

the authorTamikoDardar

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