When Should You do a Patent Search? A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent Office. In order to obtain a patent in the United States it is necessary to file i get a utility patent US patent application. In order to obtain a utility patent one must file what is referred to as a non-provisional application or a non-provisional utility application.
When you file a non-provisional application your application will be preliminarily reviewed by a Patent Office employee to see if all of the parts of the application, including the filing fee, are present. Effective December 18, 2013, patent claims and patent drawings may be filed later. Do You Have an Idea for a New Product? CLICK HERE to Submit your Idea.
Team up with Enhance to bring your invention to life and get it to market! Drafting the specification and the claims are what makes creating a non-provisional patent application a challenge. Patent System can help with the specification, which is the written portion of the patent application, but there really is no way to automate the drafting of patent claims. I have written a number of tutorials on patent claim drafting and specification drafting.
In terms of patent drawings, while there is no requirement that you file formal drawings, there are significant advantages to doing so. The primary advantage of having formal drawings is that drawings that meet the requirements of the Patent Office are almost always far more detailed than ordinary sketches, which means that they convey more detail regarding the invention, which in turn gives you a broader, stronger patent application. Once you file the non-provisional application and all the parts are present your application will be forwarded to a patent examiner. The patent examiner is the one who will review the substance of your application and make sure that you are entitled to a patent. It is typical for a patent examiner to reject some claims and want the description of your invention to be more narrowly tailored. Don’t be alarmed by this, that is simply their job.
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Eventually, the hope is that your non-provisional utility patent application will be successful. This means that the patent examiner has found at least some patent claims to be allowable. Inventorship 101: Who are Inventors and Joint Inventors? Should I File a Patent Application Before Licensing the Invention? Can cake designs result in intellectual property protection? Patentability: The Adequate Description Requirement of 35 U.
Patentability: The Nonobviousness Requirement of 35 U. Patentability: The Novelty Requirement of 35 U. Patentability Overview: When can an Invention be Patented? Below are some ballpark estimates for likely attorney costs through filing of a non-provisional utility patent application.
For a more detailed explanation please see Cost of Obtaining a Patent. If you feel you need the assistance of a patent attorney, I can help. I have been helping independent inventors and start-up companies since 1998. I have developed a unique process efficiently and effectively creates patent applications with the cooperation of the inventor. Gene Quinn is a Patent Attorney and Editor and founder of IPWatchdog. Posted In:Educational Information for Inventors, IP News, IPWatchdog. Disclaimer: The pages, articles and comments on IPWatchdog.
The articles published express the personal opinion and views of the author and should not be attributed to the author’s employer, clients or the sponsors of IPWatchdog. There are currently 1 Comment comments. Speaking of drawings, if you do file a non-provisional without drawings, the patent office will issue a requirement to either file drawings or file a petition to demonstrate that drawings are not needed. The petition is far more expensive than putting a simple drawing in.