|
 Patents
A patent on a new invention gives its creator the exclusive
right to control the use, manufacture and sale of the invention
for a period of twenty years from the filing date of the
patent application. A patent gives an inventor a virtual
monopoly over his invention that is backed by the U.S. Government.
This is a powerful right with great commercial potential
for the inventor.
See how the patent process works
(CLICK HERE)
What can I do with a Patent?
-
Sell
the patent rights to your invention.
-
License the rights to use,
manufacture and sell your invention.
-
Stop
anyone from using, selling or making your invention.
How do I get a patent?
-
Step 1: Patent Search -
The first step towards getting a patent is to conduct a
patent search. A patent search helps determine whether your invention is new or different from
existing known inventions. In addition, a search helps the patent application writer draft your
application in such a way as to avoid infringing another invention, while maximizing claim coverage
for your invention. A patent search thus helps the inventor make an informed decision about filing
a patent application and helps the patent attorney write the best patent application possible.
-
Step 2: Patent Application -
The next step is to prepare and file a patent application with the
Patent & Trademark Office. The patent application will include a specification containing a description
of the invention, one or more claims defining the legal scope of your invention, and any necessary drawings.
A patent attorney from our office will work closely with you to prepare the best patent application possible.
Once the application is complete, we will mail you the application to review and sign. When we receive your
signed application, we will file it with the Patent Office.
-
Step 3: Patent Prosecution -
When a non-provisional patent application is filed, it is assigned to a
Patent Examiner. After the initial examination is made, an application may receive an initial office action. The examiner uses
the Office Action to raise any objections or rejections of claims in the application. Rejections are quite common because
applicants are trying to maximize claims coverage, and in so doing, encroach on other inventor's claims. Your claims may therefore
have to be amended to avoid conflict with another patent reference, while still securing you the maximum claims coverage to which you
are entitled. This is a delicate balance to strike and may require several meetings with the Patent Examiner.
Our close proximity to the Patent Office makes such personal meetings possible and tends to help get your claims allowed
more quickly.
-
Step 4: Notice of Allowance -
If your application is approved by the Patent Examiner, he/she will issue
a Notice of Allowance indicating that your application can become a patent. You must pay the issue fee 3 months from the date
of the Notice of Allowance. After you pay the issue fee, you will be issued a United States Patent
which entitles you to control the use, manufacture and sale of your invention for 20 years from the date
your application was filed.
-
Step 5: Maintenance Fees -
Maintenance fees apply to issued patents, with the exception of plant patents
and design patents. Maintenance fees on issued patents are due during the following periods:
(1) First payment - 3 years to 3 1/2 years after the date of issue.
(2) Second payment - 7 years to 7 1/2 years after the date of issue.
(3) Final payment - 11 years to 11 1/2 years after the date of issue.
Types of
Patent Applications
-
Provisional patent application -
A provisional patent application is
a temporary patent application that gives the inventor a
priority filing date with the Patent Office, as well as "patent pending"
status. A provisional patent application is less expensive
to prepare and file, but must be converted to a non-provisional patent application within 1 year of the
filing date of the provisional application to keep the
priority date. A provisional application will not be
examined by the Patent Office until it is converted to a
non-provisional application.
-
Non-provisional patent application -
A non-provisional patent application, generally
known as a utility application is a complete patent
application that is examined by a Patent Examiner at the
Patent & Trademark Office. The invention described in
the patent application must be new, useful and non-obvious to
a person of ordinary skill in the field of the invention. A
utility patent application includes a specification, any
necessary drawings, and one or more claims which legally
define the scope of the invention. The claims are the most
critical part of a patent application and should only be
written by an experienced patent attorney or agent. A
utility patent application has a patent term of 20 years
from the U.S. filing date.
-
Design patent application -
A
design patent application is filed to protect the
appearance, configuration, and ornamental qualities of an
invention. It does not protect the structure or function of
an invention. A design patent application has a patent term
of 14 years from the date the patent is issued.
-
Plant patent application -
A
plant application is filed to protect any distinct and new
variety of plant that is asexually reproduced.
-
PCT application -
A PCT
application filed under the Patent Cooperation Treaty
enables an applicant to file one application (an
international application) that is treated as a regular
national filing in as many countries as the applicant
designates. The applicant must pay filing fees for each
designated country and may need to provide a translation in
the language of the designated country. The applicant must
then follow the national procedures for granting of patents
in each of the designated countries.
What Every Inventor Should
Consider
Some famous patented inventions
include:
-
Airbags (1973)
-
Adhesive tape (1930)
-
Air Conditioner (1906)
-
Radio altimeter (1924)
-
Aluminum manufacturing process (1889)
-
Artificial Heart (1972)
-
Astro Turf (1967)
-
Ballpoint Pen (1938)
-
Bar code (1952)
-
Barbie Doll (1959)
-
BASIC programming language (1964)
-
Phonograph (1877)
-
Flashlight (1898)
-
HTML (hypertext markup language) (1990)
-
Lie Detector (1921)
|
