The Process For Obtaining A Patent (US)
The process for obtaining a patent is complex but theoretically very simple. You should apply for a patent if your invention is new, useful and not obvious. However, the patent application process is adversarial and you must convince the examiner that your invention is original and inventive. Having a working prototype or a working model will make it easier to describe your invention. But you should remember that it could take up to three years to get a patent, so don’t rush it.
When applying for a patent, it’s important to be aware of the entire process. While patents are not given out, the entire process of filing for a patent can take up to two years. This is because the USPTO must review your application thoroughly and vigorously to ensure that your invention is truly unique. You must be certain of your invention before you submit an application. To find out whether your invention is patented, consult a patent attorney.
After determining your invention, you should decide whether to file the patent application yourself or employ an attorney. Whether you choose to file it yourself or hire an attorney will depend on your budget. You’ll also need to file for a customer number and a digital certificate, as well as pay applicable fees. After the filing process, you’ll need to wait for the patent office to examine your application. If your application is rejected, you may need to file a reconsideration request or appeal. Once you’ve been granted a patent, you must pay the USPTO fees and maintain the patent.
Once your application is filed, it will be evaluated by the USPTO. This person will be an engineer or scientist and will evaluate your application. Once your application passes this step, you’ll receive a report about your invention’s novelty. After eight months, you will receive a novelty report. Your patent attorney will discuss the steps necessary to strengthen your application. If your application has been rejected for any reason, you can appeal to the USPTO.
Your patent application must include claims, which are the parts of your invention that are protected. If the USPTO has rejected your application, you’ll need to make revisions. If your application has been rejected, you’ll need to pay the fees again. After eight months, you will receive a novelty report. Your lawyer will advise you on what you should do to strengthen your application. Your patent attorney will discuss with you what to do.
You can start the process by submitting an application for a patent. You will need to create a document called a specification that describes your invention. The claims in your patent application define the aspects of your invention that are protected. After the application is filed, you must work with the USPTO. You can also choose to submit a non-publication request, which will stop the USPTO from publishing your application.
After your application has been accepted, you will need to wait several months for the patent application to be granted. The process is lengthy and expensive, and more than 85% of all patent applications are rejected at some point. Once you receive a rejection, you can appeal it. You can file an appeal to the Patent Trial and Appeal Board if you believe you have been wronged by the patent examiner. You can appeal the rejection if you’ve been denied a patent twice.
Unlike in a traditional patent application, provisional patent applications are free to file. You can file a provisional application, which is intended for first-time U.S. patent applications. This type of application does not require a written specification or claims. But it is necessary to file an application that is specific to your invention. Otherwise, the process for obtaining a patent is time-consuming and expensive.
After filing your patent application, the patent examiner will examine your invention. It will determine whether your invention meets the statutory requirements for a patent. If you’ve already patented your idea, you will need to pay a fee to the patent office. These fees can range from a few hundred dollars to thousands of dollars. The process for obtaining a US patent can be confusing and time-consuming. To protect your invention, follow these six steps.