How do you patent your startup idea?

You can’t patent an idea, but that doesn’t mean you can’t get a patent on some part of your startup. A patent is for an invention but it doesn't necessarily have to be a product, it can be a process or a method of doing something or it can be an improvement on an existing product, process, or method. The first thing is that you need to determine whether you have an “invention” that can be patented.

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Along with the proper subject matter above, the invention also needs to be new and non-obvious. An invention that is already in the public domain or has already been patented will not be granted a patent. It also needs to be more than an obvious improvement. The standard is determined by looking at the prior art of the subject area and determining whether the claimed invention is simply an obvious improvement on what was already in the public domain. If the claimed invention is only an obvious improvement, it will not be granted a patent. You will also need to prove that your claimed invention is useful.

Whether you meet the requirements will be determined by the USPTO through the filing process. You will submit all required application and filing materials to the office and they will make a determination on the patentability of your claimed invention. I would suggest that you hire a patent attorney to help you with the filing process.

To answer your more specific question, it seems like what you really need is a non-disclosure agreement. An NDA is an agreement between parties to not disclose certain information allowing you to choose who gets to hear your secrets and prohibit those chosen people from further disclosure of your secret to other people. So, if you want a patent because you are worried about disclosing your secrets without protection, then an NDA will offer you that protection. Again, though, you would want to hire an attorney to help you draw up you NDAs.

Source: Quora

If you are looking for an experienced patent attorney in Vietnam to help you with your patent or an attorney with experience drawing up NDAs, you should visit ANT Lawyers.vn. We are supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.   Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

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How to register a patent in Vietnam?

Law on Intellectual Property of Vietnam had come into effect from 2005 to keep up with the considerable development of the world. One of the most important subject of Intellectual property is patent which contribute a huge part for the mankind development. According to Vietnamese law, to be granted patent title, a patent must fulfill 3 conditions which are: (i) novelty; (ii) inventive nature; (iii) susceptible of industrial application.

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Firstly, a patent shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application. Besides, a patent shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

-It is published by another person without permission from the person having the right to register it;

-It is published in the form of a scientific presentation by the person having the right to register it;

-It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it

Secondly, An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art.

Thirdly, an invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

If a patent fulfills the above criteria then it is granted patent title.

What is the process of registration a patent in Vietnam?

After submitting the patent application into Noip (Intellectual Property office of Vietnam), it shall gone through 2 phases of examination which are formal examination and substantial examination.

Formal examination of applications means examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid, this phase would take from 1-3 months. All applications accepted as valid shall be published by the Noip in the Industrial Property Official Gazette.

After the publication, if there are no third parties object the application, then it go to substantial examination. The purpose of substantive examination of applications is to assess the protectability of objects stated in those applications under the protection conditions and corresponding protection coverage (volume). This phase would take from 12 months to 16 months. If it does meet protection criteria, NOIP will grant Patent for Invention.

However, in practice, the time from the filing to granting will be 18 months to 20 months due to huge load of work.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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Should a startup founder worry about patents?

When you are in the early stages of your start-up, it may be tempting to cut corners in any way that you can to save time and money. However, you should realize that by doing this you aren’t setting up your business for the best scenario for success. 

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If you believe that your company brings a unique invention that other people could find useful, then you can certainly apply for a patent. Doing so early on can protect your business from potential issues in the future and it will solidify your legal claim to the idea that you are patenting. You may be surprised to learn that disputes over patents between companies is not exactly rare. If you put patents at the top of the list early on, you will save yourself a lot of headache in the future.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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Can you resell patents? Is there a platform for this?

A patent is a business asset, just like machinery or great processes - therefore it can be sold. A patent is simply a legal document granted by the USPTO that grants ownership of an invention for a period of 20 years (in most cases). However, in order to actually profit from a brilliant idea in which you’ve patented you must either sell the patent, license the usage rights, or market/create the product yourself. With a creative idea and strong patent, that list definitely goes from easiest to most difficult.

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If you have full rights to patent and have made the decision to sell, there are a few ways to make this happen. Unfortunately, there is not some online exchange for this. However, you can still find the right person or company to sell your invention to. I recommend making direct contact with businesses that are in the same market and may be interested in your product. Additionally, you can attend trade shows to further network.

Sometimes it does take some money on the part of the patent holder in order to sell a patent. You may have some success buying ad space in industry magazines or trade publications to reach additional potential buyers. If all of these steps still don’t offer any leads, it may be necessary to use a broker to sell the patent. They will take a percentage of the total sale for their efforts.

Source: Raad Ahmed - Quora

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Can an invention be patented if it isn't new?

While you can’t patent an invention that has already been patented, you may be able to patent a particular function or design of it.

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A utility patent is appropriate for new or improved inventions. Of course, in your situation, it would be for an improvement on an existing invention and not a patent for a brand new idea.

A design patent doesn’t focus on the use of the product at all. Instead, it focuses on the ornamental features of it. So, if you are creating a brand new look to an existing invention, then this may be protectable under this type of patent.

Source: Quora

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Intellectual Property Law: What makes a patent valid?

The validity of a patent can be relevant in two ways:

First, someone can challenge the validity of your patent and second, you can question the validity of theirs. Patent validity is an important question when litigation is being brought or considered.

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A patent is a set of rights granted by a government that protects an invention. If a patent is given to the applicant, they have the right to block others from making, selling or importing their invention into the country for twenty years from the date of filing.

Prior Art is any evidence of your invention existing before the date you filed your patent application. Prior art can be evidence that an invention – the same or similar to yours – has been demonstrated to the public, written about in a magazine or that there are existing patents related to your invention.

Any references used to invalidate a patent must be from before the date of priority. The date of priority is when you filed your application. For prior art to be relevant, it must have existed before this date.

When you apply for a patent, you are obliged by law to report all known relevant references. Your patent application will also prompt the patent office to perform a prior art search to determine if the invention is novel and non-obvious.

If another inventor or company believes that prior art exists, which would invalidate your patent, they may start litigation against you.

After Infringement:

If you have infringed someone else’s patent, there are a few options open to you depending on how willing the patent holder is to negotiate. The patent holder may agree to sell you the patent or license it out to you for a fee.

Intellectual property laws have been constructed to encourage companies to cross license and come up with solutions to infringement that result in innovations and products. If you have infringed a patent, particularly in error, you stand a good chance of coming to an agreement with the patent owner.

A Blocking Patent:

 If no agreement can be reached with the patent owner, then their patent becomes a blocking patent. It blocks or prevents you from manufacturing or selling your invention. In this case, you need to take steps to invalidate their patent.

Patent Validity Search:

A patent validity search is a search of prior art designed to examine all possible areas where information might be found. The search is guided by information about the target patent; the patent which is stopping you from operating.

Claims Mapping:

Claims chart mapping is an infringement analysis. This process involves examining the claims in a patent.

Unlike the invention description, the patent claims can change throughout the process of the application. Inventors usually start off claiming a lot of protection across broad ideas and are told they can’t get that level of coverage. They then narrow down what they are claiming legal protection for in the patent.

An examination of the claims is essential to understand where the prior art may be relevant. This is true whether you are seeking to prove that your patent does not infringe anyone else’s rights or if you think someone else has infringed yours.

Infringement of Your Patent:

A patent validity search can interchangeably be called an invalidity search. The same extensive search for prior art is undertaken but with a view to proving a rival patent invalid rather than ensuring the validity of your own.

In this case, you want to examine any prior art that may invalidate the claims made in the target patent.

NPE Demand Letters:

A demand letter is a letter putting forward a legal claim and demand for restitution. This could come from a rival company who think you have infringed their intellectual property rights, or it could be from a non-practicing entity or NPE.

NPE companies have no products or services. They make money by acquiring intellectual property rights such as patents and using them as a basis for legal action.

NPE companies are bad news because they are only after financial gain and cannot be appealed to on any other grounds. The best way to counter these companies is to deter them from choosing to go after you.

Having a strong and well-protected intellectual property portfolio is central to this strategy. A good claims chart mapping process is in important in this case also.

The Importance of Validity Searching:

Validity searching improves your business on some levels. It can help you to prove infringements and refute accusations of infringements. Both of these actions build the strength of your intellectual property portfolio and make it more valuable. This is true whether you want to use, sell or license your intellectualproperty.

A strong reputation can be built upon this strong intellectual property portfolio. If rivals and NPEs think you are a soft target, they will commit resources and time to trying to find a problem with your patents. If you have a highly defensible patent portfolio, you will reduce the amount of people who see you as a worthwhile target.

Conduct a Patent Validity Search to:

- Invalidate a blocking patent

- Establish deterrents to demand letters from NPEs

- Carry out due diligence on a patent, patent portfolio or pending patent application.

Source: Quora

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How do I write a good provisional patent application?

Filing a provisional patent application is certainly easier, cheaper and faster than filing a utility patent application. It’s a route that allows you to to buy some time (a year), to develop and market your idea. 

Patent Attorney in Vietnam

If it gains traction during the year, then you can convert it into a utility patent; if not, then you can simply let it lapse knowing that you made the right decision to not invest the thousands of extra dollars and years it would’ve taken to obtain a utility patent.

1.Search Before You Write

The first step you need to take is to do a patent search. This will tell you whether your idea has already received patent protection. Start here with Google Patent search. You’ll also want to search the USPTO database. Conclude your search with a simple worldwide search here.

Conducting a general search (e.g., text search using Google) for inventions similar to your own that haven’t been patented is also a good exercise. This will reveal whether others have already productized your idea, and if so, how your idea is different - and hopefully superior. You’ll often find that there are many expressions of unpatented ideas floating around the marketplace. This is a rich source of information for you if you’re considering patenting your innovation.

You’ll likely find inventions that are similar to your own, but not necessarily the same. Your job is to look for the differences and what makes your invention unique. Those distinctions are going to fortify your application, so make sure you’re able to describe those differences thoroughly, specifically and clearly.

2.Write Simply, But Thoroughly

You should start by first writing a list of unique benefits and features that distinguish the novelty of your idea. I’d suggest taking your time in developing a very thorough, well thought out profile - a week or so is about right, with some attention devoted to developing your list each day. This will help you immensely when you start to complete the actual application.

3.The Application

You application will consist of: (1) a specification, (2) a drawing, (3) the USPTO Cover Sheet, and (4) the filing fee.

Your specification will include these sections: Title, Description of the Invention, Claims and Abstract.

You will also need to include drawings. These can be sketched by hand and scanned into your specification doc, or you can do them with design software, CAD, PowerPoint, manuals or something similar - whichever is easier for you.

The key thing to focus on with your drawings is to make sure you clearly, comprehensively and capably show enough detail of your innovations to convince the USPTO examiner that your idea should be granted patent protection.

Next, you should specify your claims. Please note that you are not required to include your claims in a provisional application, so you can skip this part if you want to; however, it’s highly recommended that you do so. They describe what it is precisely that your patent protects.

Keep it simple, but focused. Select the top features that distinguish your invention and provide a brief, but detailed description about each characteristic. You’re not writing a final set of claims (which will come later if you convert to a utility patent); you just need to make sure you’re not limited in the future. Therefore, your claim should follow this type of format: “A [machine, device, method - whatever it is you’re protecting] that consists of [insert the two or three distinguishing features here].”

You’ll need to write an abstract, which simply means a very brief summary of your invention. For this part, you can simply re-state what you described in your claims.

You will also need to complete a “Provisional Application for Patent Cover Sheet,” which you can download here.

Finally, you’ll need to pay your fees. You can file electronically or non-electronically (snail mail). The non-electronic filing is $200-$400 (depending on your company’s size), and are in addition to the filing, search and examination fees.

The application fees (separate from the above filing fee) ranges from $65 for a micro entity up to $260 for a large entity. You can see all USPTO fees here.

Final Things You Need to Know

Your provisional patent will automatically lapse exactly one year from your filing date. If you want to convert your provisional patent to a utility patent, you must do so before the one year anniversary date of your filing. So, for example, if you filed your application on June 1, 2018 your must file your utility patent application no later than the close of business on June, 2019.

Once you have filed, you’re entitled to use “patent pending.”

You are not permitted to claim priority from another application.

The provisional application must be made in the name/s of all inventor/s.

If you convert your provisional to a utility application before the end of one year, you can claim priority to your previous provisional application/s.

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What are the steps to getting a patent in the United States?

Congratulations on creating an app and wanting to take the next steps to protect your work. Here is a brief overview of the steps for obtaining a patent through the USPTO.

First, you need to be sure that no one else has already come up with the same product or technology and secured a patent on it. You do this by performing a thorough patent search. This is something you could try to do yourself, but often it’s best to engage the help of a professional who is familiar with conducting these types of searches and can give you an opinion.

Patent Consultant in Vietnam

Next, you’ll need to determine what type of patent you would be pursuing. The most common options are a design patent or a utility patent. In your case you would be filing for a utility patent.

Now you need to decide whether you are filing for a provisional or nonprovisional patent. A provisional patent is the first step to securing a filing date if you’re not ready to file the nonprovisional patent and start the examination process, but ultimately you’ll need to get a nonprovisional patent to protect your idea.

Finally, you’ll need to prepare and file the application along with the application fee. As this can be a confusing and difficult process, it’s recommended to hire an attorney to prepare the application for you. At this stage you’ll put together all the necessary information and submit it to the USPTO for examination. Once received by the USPTO, they will review the application and issue a determination. If it’s denied you’ll have the opportunity to appeal and request reconsideration.

Once a patent is ultimately approved, you’ll need to maintain it by paying the required maintenance fees to the USPTO.

Source: Quora

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How can I know what is an important patent?

-An important patent is one that does some of the following:

Patent consultant in Vietnam

-Earns a lot of licensing income.

-Sells for a lot of money.

-Lets the owner make a lot of money while preventing competition from doing the same.

-Inventions that are valuable to society and the world at large are important inventions.

-If the patent is sought, issued, and exploited for unconscionable profit, then the patent is

important, but in a negative way.

-If the invention is important and the inventor wants to make it freely available, the inventor doesn’t seek a patent, but publicly discloses the details. That’s what IBM did with the scanning tunneling microscope, making it freely available to the world.

Source: Quora

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How can I protect my idea for an app?

Patents can offer tech startups many benefits, assuming you have something patentable. They attract investors and can deter competitors. A startup with patent protection is more valuable to companies interested in forming a joint venture or making an acquisition as well. Further, a startup has the ability to license its patent, providing a business another way of generating funding while expanding its market simultaneously. The problem is that you can’t patent an idea; you need something tangible.

Patent Consultant in Vietnam

If you prefer to save some money, confidentiality agreements and trade secret protection may work just as well as costly patent registration, especially when combined with exceptional innovation design and speed. All employees, board members and advisors should be required to sign agreements obligating them to assign all business-related IP to the startup. You will also want to extend IP protection through agreements with non-employees, including vendors, outsourced designers, consultants, engineers, and even customers.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

Source: Quora

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What do the terms “patent pending” and “patent applied for” mean?

If you're involved in the patent process, then it will certainly be beneficial to understand what specific terms and phrases mean.

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The terms "patent pending" and "patent applied for" are virtually the same concept. This means that you have applied for the patent, but have not yet been issued. Essentially, it indicates that you have applied for protection, but the details and scope of that protection are yet to be determined.

You may be curious as to why this status has any bearing in the business world. Actually, it can let investors know that you have taken the first steps and have a plan in the works. For some, this is enough to move forward with further discussions.

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