Illustrations commonly referred to as drawings form an integral part of intellectual property. They contribute immensely in expressing different types of intellectual property, ranging from Patents, Trademark, and industrial designs to many more. Each of these intellectual properties is supported by illustrations and is admissible with certain rules governed by the patent office. Illustrations form the most important part in the patent process, whether it is a utility patent, a design patent or a plant patent. Each type of patent requires certain rules and instructions to be followed before submission of the patent application with the PTO. Otherwise, many rejections which directly contribute to the escalation in the patent prosecution cost are faced by the attorney. Sometimes it results in delay in granting the patent, especially design patents. Most of these rejections are based on non-enablement of certain embodiment’s claims or described in the patent application. Some of the rules that are to be recommended to be followed include – https://www.uspto.gov/web/offices/pac/mpep/s1606.html Each patent office does follow their own rulebook and rejection criteria while initiating an office action. However, if the patent applications follow these procedures strictly, the inventor’s cost of prosecution and piling up of pending patent applications can significantly reduce. Other intellectual properties, including Trademark, Trade Dress, and Industrial Design do follow the same path and if followed correctly, can improve intellectual property prosecution process. There have been state-of-the-art software that are now available to reduce illustration cost, as they allow attorneys and inventors to develop quality and compliant illustrations without significant time and effort. Some of this technical software does allow 3-D (AUTOCAD) based drawings to be used to generate corresponding compliant views submissive as per the patent office guidelines. However, it is not advisable to use the software in every technological area the invention pertains to. There are many best practices that the illustrator (or a designer) must keep in mind while developing the illustrations on a software platform. Some of them include: Acceptance of different formats source drawings Tools supporting multiple technological areas Easy format conversion of the source and deliverable file(s) Allows altering the source file based on different patent office requirements It is advisable to use MS Visio software as it is compatible with most of the above points and many attorneys prefer to use this software in-house.
Effective Patent Search
A Patent Search is conducted to evaluate the multiple objectives. Sometimes it is used to check the novelty of an invention and sometimes to kill the invention. In addition, the patent search is more commonly phrased as a prior art search. It helps to determine whether the invention is new, patentable and non-obvious. In simple terms, a Patent Search is done to ensure that your invention is novel and not already known. Effective patent search allows the inventor or assignee to ensure all subsequent steps and decision making like patent application filing is performed correctly. Sometimes, it really helps in enhancing your idea as well. Hence, an effective patent search is pretty much a strong need of inventors, patent agents, patent attorneys to prepare and submit their idea with the patent office. Sometimes, a patent search is done to understand effective and enforceable patents present in one or more jurisdictions to ensure non-infringement issues. This helps in avoiding litigation and creating marketing strategies for fortune 500+ companies. Therefore, an effective patent search is multi-faceted and requires an intelligent approach to ensure multiple objectives are achieved. Some of the key pointers for beginner is to understand where and how to conduct an effective patent search: 1. Choose the right set of keywords pertaining to the invention. 2. Choose the right set of database(s) to conduct the search 3. Choose the right set of combinations of Keywords and classes There are many patent record vendors in the market that provide search platforms to conduct the patent search. However, choosing right one out of it depends upon multiple factors including – Worldwide patent document coverage, frequency of update, representation of information, search interface parameters, options to perform all strategies on a single platform etc. However, it is recommended that the preferred domestic PTO shall be searched before filing the patent in the respective patent office. The reason for this is multiple. One, it allows easy prosecution at the later stage. Two, records of patent filing are up to date. Three, language barriers associated with patent offices in countries like Japan, Korea, China etc. and some European countries like Germany, France etc., are overcome. Hence, a strong patent search approach while filing in native country shall be preferred. A patent searcher shall review the invention carefully, understand the technology area and appropriately use keywords in the broadest level possible to uncover all patents relating to the invention for further review. Moreover, in order to avoid too much time and effort, a narrow search is recommended over a broader one. Sometimes, it is also preferred to include classification aspect to the search rather than using too many keywords, especially in the invention relating to mechanical technologies, medical devices etc. Patent Tools PatentManiac deploys various search tools (softwares, macros, dashboards etc.) to achieve optimization and comprehensiveness of the work product development during the project execution stage. Various Patent Tools Include: Patent Research Tools External Patent Databases Domestic Patent Databases Chemical Patent Databases Patent Analytic Tools Patent Paralegal Tools
China’s war chest of rare earth patents give an insight into total domination of the industry
China is strengthening its grip on the rare earths supply chain and could use its dominant position as a bargaining chip in its trade war with the US. China has been investing heavily in facilities to do the bulk of the dirty and environmentally damaging mining and ore processing work for the world, systematically turning its know-how and methodologies into patents that could give it a competitive edge against its rivals. The country, which already supplies more than 80 percent of the world’s rare earth metals, is rapidly amassing patents related to the elements, says James Kennedy, president of St Louis, Missouri, based ThREE Consulting, who last year initiated a global patent search to back up his lobbying effort to the US government. As of October, China had filed for 25,911 patents on all the rare earth elements, far ahead of 9,810 by the US, 13,920 by Japan, and 7,280 by the European Union since 1950 when the first US filing was made, based on data from Kennedy’s research supplier PatentManiac. Read complete article at Yahoo News.