Getting a Patent
In getting a patent
knowing what to do and how to go about it is a very important
requirement. It is not good to aim getting a patent and end
up disappointed because of errors. Getting a patent could
be a long process but the invention could have some huge commercial
value which could certainly be worth all the trouble in going
through the steps on getting a patent on it. There are a number
ways on getting a patent that can be done by an inventor.
Some inventors hire patent lawyers or patent agents to help
them. Getting a patent is such a huge undertaking that they
could not risk losing it. Others do it by themselves.
An inventor may try getting a
patent to prosecute his own case, the Patent and Trademark
Office usually recommends the use of an attorney or agent.
This is so because lack of skill in getting a patent often
detracts from obtaining the maximum protection for the invention.
In most inventor-filed cases, the patent Examiner sees that
the applicant is unfamiliar with the proper process on getting
a patent and always urges the applicant to employ a registered
patent attorney or agent to prosecute the application, since
the value of a patent is largely dependent upon skillful preparation
and prosecution. While the Examiner may recommend hiring an
attorney or agent, he never suggests any particular one.
Doing a patent search is probably
the first most important and basic step on getting a patent.
This is a very important factor to consider in getting a patent
to your invention. Getting a patent requires some knowledge
on what qualifies of patentability. This includes the following:
- Novelty - meaning that the
technology is not "anticipated" or identical to an invention
disclosed in a single piece of prior art.
- Non-Obviousness - meaning
that the technology must be different enough from the prior
art so as to not be obvious in view of the prior art.
- Utility - meaning that the
invention must have a useful purpose.
If you find that getting a patent
is a viable idea, then the next step on getting a patent is
to file a patent application in the USPTO. After the application
has been filed in the USPTO, it is assigned to a patent examiner.
The next step on getting a patent is for the patent examiner
to make an exhaustive review on the application. This is done
through correspondence with the examiner, discussions in person
or by telephone, and perhaps doing some amendments to the
claims. If the invention is not patentable, the applicant
can appeal to the USPTO's Board of Appeals. This phase on
getting a patent requires the aid of a patent lawyer. If the
Board's decision is unfavorable, a further appeal may be taken
by the patent lawyer to the U.S. Court of Appeals for the
Federal Circuit.
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