Why should you use a IP service provider? Protecting, developing and monetising an idea/ product/invention is a very long, expensive and complex process, made up of many intricate tasks (research, building IP strategy, drafting and filing patents etc.) each needing a large amount of resources and highly intricate technical, legal and commercial skills and know-how.
Furthermore, during this long journey there are countless pitfalls that can cause irreversible damage, denying any hope to get the desired protection, meanwhile energy, time and money will be wasted.
This is exactly the reason to turn to an IP professional.
IP search services
A preliminary self-research is advisable but using a professional search service is crucial for the following reasons:
- search tools – professional search providers use paid databases, having information and search capabilities far beyond any free database, much of which is inaccessible to private non-paying users.
- training and experience – patent search is a complex technical profession, requiring years of training and experience.
- impartiality – inventors are often dazzled by their own ideas. The objective look by a professional searcher is crucial in conducting a good patent search of any kind.
A professional search and extensive research is essential for many reasons:
- one condition for a patent is that an idea is novel. If the idea has been published anywhere in the world, in any form, –a patent will not be approved. A professional patentability search can prevent unpleasant surprises in the patent examiner report after spending a lot of time and money on drafting and filing;
- most patents are based on previous technologies that might be under patent protection, thus it is important to get an accurate picture of what patents there are that might prevent you from developing and selling the idea that is covered by your own patent;
- a clear picture of “what is out there” is extremely important for the creation of an IP strategy (see below).
A good and comprehensive search report should therefore answer some, or all, of the above and help to develop, improve and focus the idea and also assist you and your patent attorney/agent or IP consultant to create the optimal IP strategy on which to base a draft and file the application in the most suitable path.
A patent agent or attorney
There are different definitions of the terms “patent attorney/lawyer” and “patent agent”. In most countries it is the term referring to professionals, legally qualified and authorised to represent individuals or companies in all procedures relating to patent laws (drafting and filing patent applications, prosecution, litigation and appeals etc).
In some countries the two terms are interchangeable, in others a patent attorney/lawyer is used only if the professional is also qualified to practice law.
There is no legal prohibition to draft and file a patent by yourself. Nevertheless, patent laws, regulations, language, practices and formalities are extremely complicated and dramatically differ from country to country.
A non-professionally drafted application drastically reduces the chance of the patent application being approved and even if approved it can irreversibly prevent the hope of getting a comprehensive solid patent protection. Moreover, even a small and seemingly insignificant technical error can fail the attempt of obtaining a patent and, in extreme cases, completely ruin the chance to get any such patent in the future.
A patent attorney/agent should (among other things):
- assist you in choosing the optimal IP path based on the search report (time, place and filing mechanism etc.);
- draft an application that should on the one hand be “narrow” enough to give it the best chance of being approved, while on the other hand give the inventor the “widest” possible protection;
- file the application with the relevant national and international authorities, following each ones rules and regulations;
- help you keep track of your application;
- represent you in negotiations with the patent examiners (most applications are rejected several times until granted – after each rejection the applicant has an opportunity to appeal, negotiate and amend the application until finally rejected or granted).
To conclude – a patent attorney/agent drastically increases your chances of getting the most suitable, strongest and comprehensive IP protection.
IP consultant
An IP consultant is usually a person from the IP business (patent attorney/agent, retired patent examiner, IP manager of a company etc.), that has comprehensive knowledge and experience in wide legal, technical, business and commercial issues and thus can provide advice on the creation, management and usage of intellectual property assets (such as patents, designs, trademarks etc.).
As discussed above, getting a strong international IP protection and succeeding in commercialising it is a long, complex and very expensive process. A successful IP strategy is essential in overcoming all the legal, technical and financial obstacles that will arise during this process.
A good IP strategy will draw the optimal path to receive, handle and commercialise your IP assets, answering questions such as – What are my final goals (developing, producing and marketing, or getting a patent and selling it)? What and where is my market? Who are my customers? Is the idea/invention/product protectable? What kind of IP protection can be pursued (patents, design, trademarks etc.)? What kind of IP protection is needed and best suited? How and where should I pursue them? What is the best way to commercialise my assets? What are the costs of receiving and maintaining my assets? How to evaluate these assets? Etc.
A professional IP consultant can advise you on issues that stretch beyond the realm of pure intellectual property law. He will help you ask the right questions, answer them and together with you outline the legal, technical and business plan to best acquire, manage and monetise the IP assets protecting your idea/product/invention.
Conclusion regarding IP service provider
Whether you are a private inventor trying to patent your idea/invention, an entrepreneur in pursuit of acquiring IP protection for its startup, or a manager in an established company trying to best protect its business, using an experienced IP professional is vital if you want to maximize your chance to succeed.
