How to Patent
As an inventor knowing how to patent an invention is a very
important requirement. You certainly don’t want your efforts
to go to waste. Besides, the invention could have some huge
commercial value which could certainly be worth all the trouble
in going through the steps on how to patent the invention.
There are a number ways on how to patent an invention open
to the inventor. Some inventors hire patent lawyers to help
them. Others do it by themselves.
The first most important and
basic step on how to patent an invention is to determine if
the invention is patentable.
This is an important fact to
consider in how to patent your invention. The result of the
evaluation will determine if you push through with the application
for patent or not.
There are certain criteria how
to patent an invention, this includes:
- 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.
To make sure your invention is
new you need to search all the earlier developments in your
field. You can start your research on the Internet, but you
may also want to visit a Patent and Trademark Depository Library.
You should record every step of the invention process. Document
all of your efforts. Sign and date each entry and have two
reliable witnesses sign as well.
Also, before you spend the time
and money on how to patent invention, it is important to assess
the commercial potential of your invention. You need to research
the market you hope to enter.
If the decision is positive,
then the next step on how to 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 how to 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 how to 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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