Patent Application Process
Patent application process is long and quite difficult. That
is why often, examiners would recommend the inventor to get
a patent agent or a patent lawyer to facilitate the patent
application process for the invention. But this would also
require a sum of money depending on the intricacies involved
in the patent application process. Services rendered by patent
lawyers and agents could start at a minimum of $5,000. Even
though the patent application process is difficult, it is
possible to do it on your own. The biggest disadvantage though
is you will have to learn the patent application process quickly
and do it on your own without the able guidance of the experts.
Before undergoing through the
patent application process it is important to know the different
kinds of patents to apply for. These are:
- utility patents, granted to
the inventor or discoverer of any new and useful process,
machine, manufacture, composition of matter, or any new
and useful improvement thereof;
- plant patents, granted on
any distinct and new variety of asexually reproduced plant;
and
- design patents, granted on
any new, original, and ornamental design for an article
of manufacture.
Utility and plant patents are
granted for a term which begins on the date of the grant and
ends 20 years from the date the patent application was first
filed, subject to the payment of maintenance fees; design
patents are granted for a term of 14 years from the date of
the grant.
In patent application process the most basic step is to make
sure that your invention qualifies for a patent or what you
call patentable. You can do this by doing a thorough patent
search on your invention. Find out if there was already a
similar product patented or a prior art. However, if you find
something similar to your invention you can still go through
the patent application process in order to apply for the embodiments
or specific parts of the invention.
After the thorough patent search,
the next step of the patent application process is to file
the application to the US Patent and Trademark Office. A USPTO
examiner will be assigned to handle your case. Depending on
the workload, the result after you file could be received
between 12 to 18 months. If you are unsuccessful, you can
appeal the decision to the USPTO's Board of Appeals. 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.
Some steps on patent application
process are easy, others are more difficult. As with all new
endeavors, you will succeed by trial and error. But by taking
the patent application process one step at a time, you can
acquire a patent later on.
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