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This is how you will choose the route of filing the first patent application that is right for your product

There are three routes to filing a first patent application.

The choice of the appropriate route depends on the budget available to you, the degree of maturity of the product, and the level of urgency of the need to protect it in a patent.

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• Patents

Gad Bennett, co-legal zap

Thursday, 04 November 2021, 10:13 Updated: 10:29

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Idea (Photo: ShutterStock)

Patent registration is the main legal means of protection available to any person or company that develops a product or technology venture and seeks to prevent competing companies from copying the product.

In light of this, the great importance of filing the first patent is clear.

Moreover, in today's global market many companies want to make sure that patent protection will be valid in other countries where there is a potential market for the product.

This means that the product they are developing must go through the patent registration process in each country individually.

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Is it worth applying for a first patent in several countries at the same time?

We will start from the end and emphasize that there is no legal or other need for this, and that the first patent application is sufficient to file, for starters, in only one country.

This is because filing a first patent application in a particular country will save you the right to file patent applications for the same development in other countries for a year as well.

This, according to an international treaty on the subject, the Paris Convention of 1883 for the Protection of Intellectual Property.

How to choose the most appropriate patent application path?

In the first stage, it must be decided in which type, or route of filing a patent application, it is worthwhile to act: a provisional patent application, an ordinary patent application or an ordinary patent application with expedition.

Each route may be more appropriate in different circumstances.

This is how you will protect your patent

In the video: How does the patent filing process work?

(Walla Studio!)

What is a Provisional Patent Application?

The first route for filing a first patent application, which for some reason many Israelis think is the only option, is called a "provisional application" (US Provisional, in English).

A provisional application is a patent application for everything, only that in practice, no one in the patent office examines it, and its validity expires after a year.

In theory, you can photograph your kitchen, pay a fee, and have a provisional application for a year.

The content of the application is important though, but it does not have to be complete or detailed.

If it is not examined, why is the content of a provisional application important?

And not only important, but very important?

If you later decide to proceed with a standard patent application, then the new application will enjoy protection from the date of filing the provisional application (this protection is called "Din Kadima" in the professional language).

But, it should be noted that the protection is given only to the content of the provisional application!

Therefore, all features and details not specified in the Provisional Application will not be protected from the earlier date, but only from the normal patent filing date.

What are the three cases in which it is advisable to submit a provisional application?

The first case is of those who are at the very beginning of the journey. That is, they have a basic idea, but they have not yet really figured out the ways to implement it. In such a situation, a provisional application can be submitted, in which only the main points of the idea or project are specified, and a full year is given to proceed with the development. After one year, a full and detailed application is submitted, which also increases the strength of the patent and the chance that it will be approved.

In addition, a provisional application is more suitable for those who want to cut the costs of applying for a patent, at least in the first stage, since the fees for a provisional patent application are slightly cheaper. In addition, since the patent application can be partial (but not too much, because then you do not really have protection), and there is no need to file official drawings, the filing costs can also be significantly reduced.

The third situation in which it is recommended to submit a provisional application is for a product whose development time is expected to be very long.

In drug development, for example, a procedure that can take between 12 and 15 years sometimes, there is really nothing to rush.

Thus, although pharmaceutical companies do not have budget issues, they usually file a provisional application (written in full, like a regular application), which allows them to defend the patent application for a longer period of time.

In which cases is it advisable to start filing a regular patent application?

The second route is as stated in filing a standard first patent application.

Such an application immediately enters the queue of applications, and when it comes to a Torah it is fully examined by the Patent Office.

The schedule depends solely on the workload on the examiners in that area.

Although the costs of a standard patent application are higher, both due to the fees and due to the filing and detail costs required in it, it is recommended for products that require quick approval.

Take, for example, a high-tech venture with a product whose development and entry into the market are expected to be rapid.

Such a venture has an interest in filing a full first patent application in a country where the large or major market share of the product is expected to be, and obtaining patent approval as soon as possible.

What is a standard patent application with acceleration?

A standard application can be filed with an application to expedite the examination of the patent.

This is only in countries where there is an acceleration of examination in the first year, such as in Israel, the United States and in a number of countries in Europe.

When filing an application with expedition, the Patent Office undertakes that an examiner on his behalf will conduct an examination (search) within a few months and produce a search report, which includes an opinion on the patent application.

What is the benefit of granting a patent application with expedition?

The cost of filing a standard patent with acceleration is a bit higher, but it is quite possible that the profit it will generate for you will exceed the cost. The report allows the product developer to know which similar publications the examiner has found, and then, assuming he continues with the patent approval process a year later, he can "refine" the patent application to differentiate it as much as possible from the other publications the examiner has found.

Thus, the patent application will be of higher quality, and in many cases will also help to advance the development more quickly.

In conclusion, the decision on where to file a first patent application and which route depends not only on the budget available to you, but also on the degree of maturity of the idea, and on the urgency of getting a patent on it quickly.

Gad Bennett

Phone

: 053-9377857

courtesy of Zap Legal The

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