Do you have an invention? Are you looking to get a patent? Whether you have an app, software, device, or some other new thing developed by your business, you can get a patent with us using a simple and straight forward process. In this article, we will discuss the patent application process step by step. Before explaining the complete application process, let’s first understand what a patent is?
Patent Defined
A patent provides a property right to the holder and owner. This right can be used to prevent others from using, manufacturing, making, and offering relevant services or sales.
Types of Patents
Business owners can file for a type of patent that exactly fits their needs. You can find the major Types of Patents that are recognized by the United States listed below.
- Plant patents
- Utility patents
- Design patents
Let’s discuss these kinds briefly.
Plant Patents
You can get a plant patent if you have discovered and reproduced a new plant that may include cultigen, hybrid species, newly found seedlings, plant found in a wild state, and mutant species. The major difference between a Plant Patent and other kinds of patents is that it does not require any maintenance fees.
Utility Patents
The PTO can grant you a utility patent if you design and discover a new process, machine, or useful composition. Utility Patents are so valuable as they are crafted carefully in a correct way that they are extremely tough to work around.
Design Patents
You can obtain a design patent if you have manufactured a new, real, unique, and ornamental design. Detailed information regarding design patents, costs associated with the application process, and design patent prosecution charges are mention on the Official Website.
Objective of Filing a Patent
When you hear advice that you must file for a patent, you should think about why it is crucial and the primary objective of filing a patent. The advantage of filing for a patent is that you can protect your creation and business if you file for a patent. You will be able to present your products in public without fear that someone else will be able to beat you to the patent office, and you can turn your creation into a real business with real protection.
The Process to File a Patent
Let’s have a look at the patent application process. If you follow through you will enjoy long-term benefits if you go through this process and file your patents successfully. Below is a step-by-step guide that explains the overall application process to file your patents.
- First, identify the type of intellectual property that you need to protect. Before you begin your application process, ensure you need a patent or some other form of protection like trade secret, trademark, copyright, or a combination of these. If you have any doubt at this (or another) stage, consult with an attorney.
- Once you have decided that you need a patent to secure your invention, you must determine the patentability of your invention. Get an idea about the eligibility criteria before entering the patent application process. Patent laws distinguish between which inventions are patentable and what are not. If your invention is useful, non-obvious, covers eligible subject matter, has not been disclosed, and is novel, then your invention is eligible to receive a patent. On the other hand, if your invention does not meet these requirements, then it is not patentable.
- If your invention is patentable, then you can move to the next step; i.e., determining the kind of patent you need. We have mentioned three basic types of patents. Look carefully where your invention falls and what kind of patent you need. This step is crucial as the application process varies for each type of patent.
- Now, you are almost ready to apply for the patent. If your invention is more of a pet project, you may want to consider filing it independently. On the other hand, if your invention has actual value, you should consult a patent attorney, such as those at The Law Offices of Konrad Sherinian, LLC. The latter option to consult a technical expert is highly recommended as the application process includes scientific knowledge, information about patent laws, and many specific rules and regulations. You can visit our website to perform a Patent Search and find an experienced patent attorney.
- If you have decided to consult an attorney, you and your attorney need to prepare your application in all aspects. Your patent lawyer will generally prepare a first draft, but will likely need to discuss your invention with you so that he or she understands its inner workings. Your patent attorney will tell you the type of patent application that is right for you. Before submitting your application, you must carefully read and understand the application, and ensure that your application including the specification and claims captures your invention. Remember that you will not be able to fill, edit, or change any information once the application is submitted.
- If you think your application is incomplete, you can discuss it with the attorney you have contacted. You should try and make sure that you catch any issues before the application is filed. If somehow the application is filed improperly, you will get a notification from the Patent & Trademark Office as an office action for the deficiencies. You will see a specific period on the letter to make corrective action; otherwise, your application will be considered invalid and disposed of. In that case, your fees may be refunded, but at minimum an amount will be deducted for handling the case from the start to the issuance of the notification letter.
- If your application is complete and meets all the legal requirements, you will eventually receive a notice of allowance. It is a notice of approval. At this stage, you will get your patent. When you receive your patent, you will see references to the previous patents and their details like name, specification, claim, and inventor details.
- In the end, maintain your patents carefully and check your status from time to time. A maintenance fee is required to maintain a patent for more than 3.5, 7, or 11.5 years after the issue date. If you miss a maintenance fee, your patent will be terminated.
Costs and Fees
Our website contains a detailed section on patent application costs, including application costs, costs to handle an office action, etc. The patent Costs for All Kinds of Patents are mentioned separately. The patent application vary and depends on the type of patent. Complex filing may increase the costs and prices.