Making sure your idea is secure
If you’re reading this, you likely understand the value of a patent in the world of invention and innovation. You might have navigated the patent application process before or are preparing to embark on this crucial journey with a new idea.
Securing a patent is not just about legal ownership; it’s a strategic move to safeguard your intellectual property in a competitive market. This process ensures that your invention remains under your control, allowing you to capitalize on its potential fully. In this ever-evolving landscape of technology and creativity, a patent is more than just a certificate; it’s a tool for maintaining the edge in your field. It’s about making sure that your hard work pays off and your innovations stay yours.
There are three types of patents–utility, design and plant. A utility patent may be granted to anyone who invents or discovers a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvements of these. A design patent may be granted for a new, original ornamental design for an article of manufacture. The ornamental characteristics must be embodied in or applied to the article. A plant patent is awarded for inventing or discovering and asexually reproducing any distinct and new variety of plant. This includes cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state.
Why a patent attorney is needed
What is patentable?
Obtaining a patent can be time-consuming and costly. It’s a complex process that involves not only understanding what is patentable but also navigating through intricate legal procedures and requirements. This is where the expertise of a patent attorney becomes invaluable.
Novelty – Non-Obvious – Not an Abstract Idea
A patent attorney specializes in being able to understand if your invention meets the criteria for patentability – novelty, non-obviousness, and utility. Additionally, an attorney helps in drafting a patent application that clearly and effectively describes your invention, a critical factor in securing patent rights. Their experience in dealing with the patent office and handling any objections or challenges that arise during the process can significantly enhance the likelihood of your application’s success. Often, depending on the nature of the invention, patent attorneys share a background in the technical aspects that are needed in a specific field – engineering, computer science, medicine, etc.
What is a Patent Search?
A patent search involves a thorough investigation into existing patents and publicly accessible documents, known collectively as “prior art,” to discover any elements that resemble your invention. The aim of this search is not to check for potential infringement of existing patents but to evaluate how your invention diverges from already established ideas.
Engaging in a patent search serves a dual purpose. Firstly, it uncovers the nearest prior art, providing insight into the likelihood of your invention being patented and identifying the most innovative aspects of your creation. Secondly, it may uncover that your invention has been previously patented, regardless of its market presence. The findings from this search are usually encapsulated in a detailed memorandum. This document not only assesses the patentability of your invention but also shines a light on what makes your invention novel when compared to the prior art. This pivotal step is not just a formality; it’s a strategic move that significantly boosts your invention’s chances of securing a patent in the subsequent application stages.
How to file a provisional patent application:
Filing this provisional application is optional but can be critical, as it establishes an early effective filing date for the invention.
A provisional patent acts as a temporary placeholder, buying you a year to apply for a utility patent. This early date is significant as it marks the beginning of the patent process, securing the inventor’s place in the queue for patent examination. Remember, the provisional patent only covers what’s explicitly mentioned in the application; any additions made later won’t be protected under its early filing date. So, precise drafting is essential.
How to file a utility patent application:
When most people hear “patent,” they’re thinking of a utility patent. This kind of patent application is designed to protect various inventions, including devices, methods, and even software. Essentially, if you’ve created or discovered something new and useful – whether it’s a process, machine, product, or a significant improvement to existing ones – you can seek a utility patent for it.
Utility patents are the standard form of patent protection, covering the functional aspects of an invention. They’re granted to innovations that offer a new and useful function, contributing something novel to their field. This makes them a fundamental tool for inventors looking to secure their intellectual property rights and safeguard their inventions from unauthorized use.
What is ‘patent pending’?
The phrase “Patent Pending” is frequently encountered in the world of inventions and intellectual property, but its specific meaning is often not widely understood. This term becomes applicable when an inventor has filed a provisional patent application or a utility patent.
Once the provisional application or utility application is filed, the inventor is legally permitted to use the term “Patent Pending” in association with their invention. This label serves as a public notice that the inventor has initiated the process of obtaining a patent. It signifies that the invention is in the queue for examination and potential patent grant, warning competitors and the public about the inventor’s claim to the creation. The “Patent Pending” status does not add a layer of protection but can be a strategic tool in marketing and deterring potential infringers.
You cannot file a provisional patent application for design patents
If your invention is about how something looks (its design), then a design patent is needed. But, if an invention is about how something works or its special function, then filing for a provisional patent is possible.
What is an office action from the USPTO?
After reviewing your application, the US Patent and Trademark Office (USPTO) typically issues an ‘Office Action’. This document outlines the examiner’s opinion on the patentability of your claims, specifying which aspects are acceptable and which may need revision. It’s an expected step, indicating areas where your application needs to be strengthened or clarified.
Responding to the USPTO’s office action:
Responding to the Office Action involves carefully crafting a response to the USPTO’s concerns. You’ll need to provide arguments supporting the patentability of your claims or make necessary modifications to them. This response is crucial, as it addresses the examiner’s concerns and helps in advancing your application towards approval.
What is the notice of allowance?
When the USPTO is satisfied with your response and deems your claims patentable, they will issue a ‘Notice of Allowance’. This is a significant milestone, indicating that your patent application is on the verge of approval.
Having your patent be granted:
The final step involves paying an issue fee to the USPTO. Once this fee is paid, your application officially transitions into a granted patent.
What’s next?
Every great invention starts with an idea and a step forward – your patent journey could be the next big leap in turning your innovative vision into reality.
