How To Get A Patent - Patents in 3 Easy Steps

Attorney - How To Get A Patent - Patents in 3 Easy Steps

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There are three main steps in getting a patent from the United States Patent and Trademark Office (Uspto). If you do these steps in this order, then you will maximize your chances of getting a patent. If you skip any steps or do them out of order, you will sense trouble. Looking at published statistics from the Uspto, the opportunity that a random patent will be allowed after it goes straight through the process ranges in any place from 40% - 70% depending on the year. This includes patents filed with and without attorneys. That means that there is plentifulness of room to whether do it right or make mistakes and fail. However, if you are specific and plan ahead, you can improve your chances quite a bit.

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1. Due Diligence

This step is principal in giving you adequate facts so that you have a good opportunity to follow at the rest of the steps. Doing due diligence means to looks around, online, in trade shows, catalogs, patent databases, and etc. To see if man else has already taught everybody how to do your invention. If you look colse to and cannot find anybody doing that, then it is a good sign that you might be able to get a patent.

There are four main requirements to check off for an invention to deserve a patent. During your due diligence stage you should be thinking about how you will check these off:
a - Utility: Is the invention useful?
b - Patentable field Matter: Is it the sort of thing we give patents on?
c - Novelty: Is the invention new?
d - Obviousness: Is the invention obvious?

Utility is easy to check off. Your invention needs to only be barely beneficial to somebody to qualify.

Patentable field matter is ordinarily easy to check off if your invention is a gadget, machine, some physical device, a chemical composition, electronic circuit, or etc. If it is a company method, game, legal arrangement, genetic invention, or similar you will have a harder time, but there are often ways to make it work. If your invention is a new mathematical formula, discovering a new law of physics, time travel, breaks the laws of physics, or etc. Then you will have a legitimately rough time checking this off.

Novelty means that the invention is new. As long as nobody has ever done/made/sold your exact composition of features/structures/steps then it is probably new. A good way to try and find out is to go on the internet and search for man selling your invention. The internet is optimized to help population find what they want to buy even if they are horrible at searching. If you can't find it for sale on the internet, that is often a good sign. Having an attorney perform a basic patent screening search at that point is a very good idea.

Obviousness is a involved requirement. There are legitimately thousands of pages of opinions, rules, factors, exceptions to the rules, and etc. That all come into play when choosing if something is inevitable or not. One thing to comprehend though, is that it doesn't matter if the invention is inevitable to the creator (of procedure it would be, otherwise the creator would not have belief of it). So, don't get worried about this just because you think it is obvious. This is one area where it legitimately helps to have an attorney on your side.

2. File a non-provisional patent application

Once you are comfortable with the results of your due diligence, it is time to prepare and file a non-provisional patent application with the Uspto. To do this, you need to enumerate the invention following the rules at the Uspto and do it well adequate to meet at least the following criteria. On top of that, you need to do it well adequate so that later when the patent is being enforced, your words can't be used against you by opposing attorneys:

a. Written Description: enumerate the invention well adequate that when population read it they believe that you legitimately conceived of the invention. One way of thinking about this is the contrast between science fiction and science. If it is written without adequate facts and details, then it looks like science fiction and will not meet this standard.

b. Enablement: enumerate the invention well adequate that man could legitimately go out and build it. You don't have to (and ordinarily shouldn't) give exact measurements of parts or lines of software code, but you need to comprise at least adequate facts so that others could make and use it.

c. Best Mode: enumerate and don't hide what you believe the best ways to carry out your invention might be.

d. Doctrine of Equivalents: enumerate adequate variations of your invention so that it is hard for man to just turn it a puny bit and get colse to your patent.

e. Good Claims: The Claims section is where you enumerate what you believe you should own. The rules about format are very literal, here. The rules about interpreting words are even more strict. This section is where your attorney writes the least and thinks the most.

Sections 200 - 600 of the manual of Patent examining procedure (Mpep) are the most beneficial for this part of the process ( http://www.uspto.gov/web/offices/pac/mpep/index.htm )

3. Negotiate with the Us Patent Office

After you file your application, expect to wait a while. Commonly the office takes about 1 - 3 years before they respond to your ask for a patent. They most often respond with a long letter explaining all the reasons why you should not get your patent. This starts the negotiation process.

In the negotiation process, it is your responsibility (with the help of your attorney) to convince the Uspto by convincing the interpreter assigned to your application that you deserve the patent and that you have done everything that you need to do correctly in order to get it.

Sections 700, 1200, 1300, 1400, and 2100 of the Mpep ( http://www.uspto.gov/web/offices/pac/mpep/index.htm ) are Commonly the most beneficial sections to look at During this process. This is where you prove, ordinarily in writing, that your invention meets all the criteria we described above. There are very important rules about how you are able to respond, when you have to respond and what kinds of arguments and evidence you are allowed to provide. Again, this is a very good time to have an attorney on your side with sense in getting patents allowed. Missing deadlines or saying/filing the wrong thing can enduringly destroy your ownership or weaken the patent.

Once you successfully get straight through the negotiation stage, you should have a patent.

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