If you’re new to the process of protecting your rights to your invention by applying for a patent, you’re in the right place. This page will direct you to everything you need to know about U.S. and international patents. If what you see doesn’t answer your questions, we’ll show you where to go to dig deeper.
The United States Patent and Trademark Office (USPTO) requires you to disclose any publication, patent or other written document that you know to be relevant to your patent. Failure to do so could disqualify your patent, even after the USPTO issues it. 3. Choose the type of protection. Back to the pair of scissors that you made.
Once you have filed your patent application, the USPTO begins its process of review which will include a thorough patent search. You will then receive a patentability opinion, called an “Office Action.” In most cases, the Office Action will indicate denial of the patent which will trigger one or more rounds of responses from you and the USPTO.
To patent something, you have to be able to explain how it works or functions, as well as how it’s used. To patent your invention, you invention must be something for which the patent office offers a patent, such as a machine, process, article of manufacture, composition of matter, or a design.
We wrote a post on how to do a patent search. 4. Preparing a Patent Application: Step-by-Step Guide to Drafting a Strong Submission. Preparing a patent application involves documenting your invention in a detailed and precise manner. The key components of a patent application include: Title: A clear and concise description of the invention.
Contrary to what you may have heard on TV commercials, you can't actually patent an idea. The US Patent and Trademark Office (USPTO) issues patents for new machines or processes, not the mere idea of a machine or process. Before you can get something patented, you have to have an initial design to show how it functions.
The provisional filing gives you 12 months to decide if you want to file a full patent application or if you want to walk away. The provisional patent application gives you the benefit of an earlier filing date. If you're uncertain if you need a patent but may know better in 12 months, a provisional patent application may be the way to go ...
U.S. patent law states that an invention can't be patented if it is already available to the public before the application is filed, or if another patent or patent application was filed describing the same claimed invention. Whether you're filing a design or utility patent, the USPTO operates on the "first to file" principle.
5. Determine What Type of Patent You Need. Find out whether you need to file a utility, design, or plant patent. This affects the process you'll use and the fees you'll pay. 6. Complete a Patent Search. Do a patent search to find out if similar products or designs already exist. 7. File a Provisional Patent Application
Keep in mind that provisional patents cannot be extended so you will need to file a regular patent application before the end of the 12-month provisional period. Do You Need an Attorney to Get a Patent? It is possible to get a patent without the help of a lawyer, but this can lead to problems.
Patent Process Explained: Step-by-Step Guide to Protecting Your Invention. So you’ve brought something new and wonderful into this world. At first reading, you may think we’re referring to the magic of parenthood, but we’re actually talking about a different kind of creation (though you might consider it your “baby”).
Learn the basics of patents in the United States and foreign countries, including what can be patented, who may apply, and how to apply. Find out the types of patents, the patenting process, and the resources available from the USPTO.
Opting for a provisional patent application is typically more cost-effective in terms of legal fees and USPTO filing fees. If you choose to file a patent application yourself, these primary expenses are relatively low. However, should you decide to hire a patent attorney to assist with the process, the costs can increase substantially.
Conduct a thorough patent search to confirm your invention’s novelty and avoid filing for something that’s already patented. Choose the appropriate type of patent—utility, ... Our comprehensive understanding of the patent process will equip you with the knowledge needed to adeptly steer through the intricacies of filing a patent application.
Step 5: File a patent application. You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you. Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the ...
Patent Center ... PatentCenter UI
If you file a patent without conducting the necessary research, you may be attempting to patent something that already exists. This step-by-step guide shows a general roadmap for filing a patent, but each invention is unique, and the process may vary slightly. 1. Do You Have an Idea or Invention?
Pro Se Assistance Program. The patent process is a complex set of laws, regulations, policies and procedures; therefore, the USPTO always recommends using a registered patent attorney or agent to assist in preparing your application. The USPTO also recognizes that the cost of legal assistance is prohibitive for many applicants, particularly independent inventors and small businesses.
