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Problems Faced while Filing a Patent



thierry levasseur

Filing a patent is not an easy task as everyone thinks it is. It needs vertical support and all the evidence and documents that prove that your work is legitimate and not copied or stolen from other works. To qualify for a patent, the invention must meet three necessary tests. First, it must be novel, meaning that the invention did not previously exist, like the data leak protection system designed by Thierry Levasseur. Second, the invention must not be something which is obvious, which means that the invention must be a significant improvement to existing technology. Simple changes to already existing known devices do not comprise for a patentable invention. Finally, the proposed invention must be useful. Legal experts commonly interpret this to mean that no patent will be granted for inventions that can only be used for an illegal or immoral purpose.

thierry levasseur

Some types of discoveries are not patentable. No one can obtain a patent on a law of nature or a scientific principle even if he or she is the first one to discover it. For example, Isaac Newton could not have obtained a patent on the laws of gravity, and Albert Einstein could not have patented his formula for relativity, E=mc2.

Under the law of the European Patent Convention (EPC), patents are only granted for inventions which are capable of industrial application, which are new and which involve an inventive step. A design may be defined as a proposal for the practical implementation of an idea for solving a technical problem. An invention is capable of industrial application if it can be made or used in any industry, including agriculture, as distinct from purely intellectual or aesthetic activity.

Some inventions cannot be registered under the patent law. Under the law of the European Patent Convention, the list of non-patentable subject-matter includes methods of medical treatment or diagnosis, and new plant or animal varieties. Further knowledge on such fields can be received from a patent attorney-at-law. Nor may patents be granted for inventions whose exploitation would be contrary to public order or morality (obvious examples being land-mines or letter-bombs). The inventions mentioned below cannot be considered as inventions: discoveries; scientific theories and mathematical methods; artistic creations, such as works of art or literature; schemes, rules, and practices for performing mental acts, playing games or doing business; presentations of information; computer software.

thierry levasseur

Most experts agree on a point that all the inventors should use the service of a registered patent agent under the government or private to help with the complex laws of filing a patent. Moreover, more than 90 % of patent applications which are received are submitted with the aid of an agent.

But hiring an agent might be a costly affair that you would like to avoid. As patents are the whole and sole of the research and the person who is filing a patent is hiring an agent, then that person is risking the leak of such priceless research which he/she did working hard throughout his/her entire life. It is better to make all the proceedings yourself as they are not as hard as people think they are. Get some help from any professor who has done this before, and you are good to go.

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