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How to Patent a Product

Patents are granted only to a new invention which is also useful to the society. A product patent application can be filed by the inventor himself in any of the country where he is interested to protect the product. The product should not be known to any of the prior art and used or already available in the market. It is not the idea which is patented but the technology which may be a product or a process . It should be either product or a process for manufacturing of that product for which a patent can be granted.

It is very difficult to get a product patent because like the process patents there are no incremental patents in the case of a product patents. An improvement to an existing invention that is obvious to anyone familiar with the area of your invention. One cannot simply substitute material or change the size, convert to salts and other functional groups to get a patent. Such act will be counted as ever greening of the patent if done by the innovator of the previous compound and will not be granted due to obviousness and anticipation by prior disclosure. Therefore, it is always advice to consult an attorney before filing any patent.

An expert Patent Attorney will go for an exhaustive patent search to sure of whether the product is new and patentable. In case the product is already patented or in used it can not get a patent. If the product is new and no prior document anticipated it then the attorney will prepare a technical document to covering the scope of the invetion and the extend in which the inventor wants to protect. One the specifictaion is drafted it is to be filed in the patent office of a particular Jurisdiction. The process for registion is same for a product patent or a process patent. The patent office will scrutize the necessary documents, followed by examination, office action and notice for grant or rejection of the patent.

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