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Continued from Patent Page
So you have an idea that you would like to patent. You have heard that you need to file a “patent application”, and you ask, “Where can I get a ‘patent application’ to fill out.” Unfortunately, it is not that simple. A patent application can be long and complex. It is not simply a form that you fill in the blanks, it is more like a formal technical document detailing the invention which must follow the many rules and regulations of the United States Patent Office.
The principal attorney of the firm, with over seventeen years of hands-on experience working with patents, trademarks, and copyrights, is registered to practice before the U.S. Patent and Trademark Office (“USPTO”). We will confidentially review your idea and products, conduct searches for potential conflicts, prepare and prosecute patent applications here and abroad, and then help to enforce your patent rights. Our objective is simple: to turn the fruits of your creativity into tools for your business, protect your ownership of those tools, and help you use them to enhance your business – not only today, but well into the future.
The Patenting Process
The Patent Application
Once the inventor feels confident that a patent is worth pursuing, the next step is to file a patent application. A patent application is a document that describes the invention in detailed technical terms. A patent application generally includes a specification that must conclude with a claim or claims particularly pointing out and distinctly claiming the subject matter which the inventor regards as the invention. The portion of the application in which the applicant sets forth the claim or claims is an important part of the application, as it is the claims that define the scope of the protection afforded by the patent. It is the task of the patent attorney to skillfully make the claims as broad as is possible to better protect the invention. Because of its complexity and importance, the United States Patent Office suggests that the inventor seek the assistance of a registered patent attorney for the preparation and filing of the patent application.
Patent Pending
Once the patent application is properly filed in the United States Patent and Trademark Office, the inventor is entitled to use the term “patent pending.” While not protecting the invention from use by others, use the term “patent pending” does give notice to the world that a patent application for this particular invention has been filed with the expectation that a patent will be granted.
Currently, there is a huge backlog of patent applications on file at the Patent Office and it can take, on average, at least six months and sometimes longer before the Patent Office “examines” the patent application.
Examination and Prosecution
After filing, the Patent Office will assign the application to a Patent Examiner - an employee whose job it is to review patent applications. The Patent Examiner will conduct his or her own search to look for existing patents that are similar to the invention. Then, based upon what is found in the Patent Examiner’s search, the Patent Examiner might either allow or reject some or all of the claims of the patent application.
If all of the claims of the patent application are allowed by the Patent Examiner, the patent application will usually “issue” as a patent within a few months. If any claims are rejected, however, the Examiner will issue an “Office Action” explaining the reason for the rejection. Some rejections are based on existing patents (“prior art”), that the Patent Examiner believes are too similar to the prior art, other rejections or objections arise when the Patent Examiner contends that the application violates some Patent Office rule or regulation.
In response to an Office Action by the Patent Examiner, the inventor generally has a number of options. Once the Office Action is reviewed by you and your attorney, an appropriate Response can be prepared and filed. The Response may include an “amendment” to change the scope of the claims the patent application seeks to protect. The Response also addresses any other matters raised by the Patent Examiner in the Office Action. This process ends once the patent application is allowed or the inventor decides to discontinue prosecution. If the inventor’s position is sound, allowance can generally be obtained with few prosecution steps.
Once an application is allowed, a patent will generally issue within a few months. It is at the time of allowance that an Issue Fee (currently a minimum of $665) must be paid to the Patent Office. The patent issues as a formal certificate of patent registration. It is at that time that the inventor acquires the right to exclude others from making, using, or selling the patented invention throughout the United States. Additionally, the inventor has the right to sell or license any and all rights to the patented invention. Our firm provides the necessary legal services and business counseling to assist inventors in manufacturing and distributing their inventions, or in licensing or selling the inventions to others.
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For more information about patents and the process of obtaining a patent, check our FAQs or Contact Us .
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