How to Take the benefit of the ‘First to File’ Patent System?

Patent filing has become a hotly debated topic of late. The talk of first to file and first to invent has been a topic worth talking about. There had been a lot of buzz around the ‘first to file’ system. In the recent past, the law relating to the ‘first to file’ system has been passed. Thus the system went from a ‘first to invent’ scenario where the originator had the first right to file the patent to ‘first to file’, where whoever applied for the patent had the right to claim it. There has been a lot of buzz about it in the media and many people misunderstand the meaning of this system. This system is followed in almost every country. The first to file system doesn’t mean that the winner of the race to the patent office will be guaranteed the patent. This is a long process to understand. However, pre-filing disclosures can prove to be costly as other companies may derive benefit from it. This will also depict the company’s own inability to obtain a patent. The First to file Patent system also changes what may be used to reject a patent application (also referred to as “prior art”). Prior art can include patents and printed publications describing the invention, as well as public uses or sales of the invention and public availability of the invention (such as posting on the internet or an oral presentation or display at a trade show). To maximize the benefits of the ‘First to File’ system, you must do must do your homework beforehand. This means identifying the inventions that can be protected by a patent and the one filing it should also take care of it that they should file the application before anyone does so. If the inventor is not ready to file a full-blown patent application that allows quick filing in the early stages. This can be helpful when the invention is in early stages and can prevent others from patenting your invention. To take advantage of the system, you need to file a provisional patent application from time to time as the invention progresses further. The benefits of ‘First to File’ patent system:

1. Simplification

It simplifies that who is entitled to the patent for the invention.

2. Certainty

Once a patent is granted, it is almost certain to the patent owner and the investors that their rights remain vested with the owner.

3. Attentiveness rewarded

Patent applicants who are attentive and care deeply about filing a patent application early will be rewarded with the patent rights over a procrastinator. All you need to do is file a provisional patent application first and keep doing it subsequently. Then later you should file a proper patent application.   Talk to us about your patent registration, patent search at LegalRaasta!!!!