People who are trying to create something original and useful for the community always require a patent for their invention. It prevents others from copying or stealing the idea from an individual. Applying for a patent is often a long and complicated procedure, but Patent Services USA helps to break it into a five-step approach. In simpler terms, a patent is a type of monopoly grand given by the government to the inventor for a specific period.
It also provides exclusive rights to manufacture, sell, use, or benefit from the invention. A patent ensures that no one can steal a unique design or idea. The following section of this article illustrates the different steps involved in filing a patent. Most inventors hire patent attorneys, but it is always beneficial for inventors to have complete knowledge of protecting their unique ideas or designs.
1. Want to Apply For a Patent in the
USA? Patent Process Overview
2. Searching Around the United States for Patent
and Trademark Office
Individuals can make fair use of the internet to find out how to patent an app
idea or a similar idea. It helps the inventor to understand that his invention is
original.
3. Finding a Reliable Patent Attorney
Experienced patent attorneys help simplify the application process for filing a
patent. They assist inventors in different steps to prevent any mistakes that can
potentially deny a patent's approval. One must always look for professional
attorneys with a proven work record.
4. Understand the Type of Patent Necessary
Inventors carefully evaluate their work to understand whether it requires a utility,
plant, or design patent. It helps in the process of applying for a patent.
5. File a Provisional Patent Application
It provides a much-needed layer of protection when someone else claims that
they have a similar idea. US patent law follows a first file system rather than a first
to invent system. Inventors need to act fast for protecting their intellectual
property. Provisional applications serve as proof to the inventor as on the date of
filing the patent. Moreover, it gives them more than a year of extension to file the
actual patent application.
Inventors get an opportunity to experiment and perfect prototypes before
making an application. However, it does not allow the applicant to make new
additions. It is essential to understand and consider the available protections
before applying. Inventors can file a separate design patent application for
distinctive appearance in place of utility patent application. A design patent
protects an object's appearance, while utility protection protects the device's
working and use. Overlapping patent protection is highly beneficial and
enhances the value of the intellectual property.
6. Importance of Becoming a Registered E-Filer
Individuals can file their patent application via email or fax, but the simplest form
of making an online application is through the USPTO. Inventors should also read
recent patent filing resources to be aware of the expectation of application.
7. Gathering Information for a Formal Application
Applicants must prepare a complete specification comprising an abstract,
background, summary, and comprehensive description along with the
conclusion. Applications containing ramifications in scope always have the edge
over others. Defining the legal capacity of the patent is also vital for the inventor.
Patent Services USA advises taking help from experienced patent attorneys to
ensure proper filing and presentation of an application.
8. Complete Review of Formal Application
Patents should always have a novelty that allows the inventor to have the
exclusive right to his invention and encourages him to teach it to the public. It is
usually the applicant's responsibility to find the relevant presentation, publication,
sales brochure, issued patent, or similar patent application. Usually, it takes
between 1 to 3 years for processing how to patent an app idea application.
Applicants should avoid making unnecessary errors or mistakes that can lead to
rejection of the application. Besides, it is crucial to make the right application in
the first attempt to ensure the patent's approval. The United States patent and
trademark office needs the inventor to disclose any patent publication or
handwritten document relevant to their work. Failure to present irrelevant
references can lead to disqualification of the application even after issuing of the
patent.
9. Participating in the Patent Process
Typically, inventors get one patent examiner assigned for every case. The applicant
should immediately respond to any request or correspondence from the examiner. He
should remember that the USPTO communicates with the patent attorney of the
applicant. Inventors should always stay in touch with their attorneys to get the latest
updates.
Proactive communication also helps in faster processing of the application by the
patent examiner. In some cases, the patent examiner interviews the applicant at their
address or via video conference. Applicants can appeal to the patent trial and
appellate board if the application has more than two rejections. Inventors get a
response from the patent office after a year or longer.
At times the patent examiner may argue that the invention is not original and is not
eligible for a patent. In such circumstances, it is best to seek professional guidance to
earn a patent. Applicants can go back to work during this period as most intellectual
properties have a commercial value. Every applicant hopes that the patent gives
sufficient protection to the valuable features of an invention.
10. Get In Touch
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