How to Protect Your Invention with the Patent system
A patent is a form of IP protection that gives the holder exclusive rights to use, make, and sell an invention for a certain period of time. In order to be eligible for a patent, an invention must be new, useful, and non-obvious.
The process for applying for a patent application can vary depending on the type of patent and the country in which you are applying. However, in general, the steps for applying for a patent typically include:
Online patent can be located for free. You can conduct a patent search online using a variety of free resources:
A patent is a legal process that requires you to file a patent application with a government agency such as the United States Patent and Trademark Office or the European Patent Office. This process can be costly and requires the hiring of a patent attorney to prepare and file the application.
There is no free way to obtain a patent. You will need to pay government fees in order to obtain a patent. These fees can vary depending on where you live and what type of patent. Additional costs may be incurred for hiring a patent agent or attorney to help with the application process.
You may be able to obtain a patent without the expense. However, if you are unable to pay for a full patent application, there are other options. These include a provisional petition application that allows you to set a filing date and protect your intellectual property at a lower price. For advice about the best way to handle your situation, it’s a good idea to speak with an attorney or patent professional.
There are many resources that can help inventors with their invention.
These resources are valuable, but it is important to remember that they may not be able to provide you with the right advice. Thus, after you have helped yourself with free patent resources such as the ProvisionalBuilder(R) software from Inventiv, we recommend you seek help from a pro-bono patent attorney.
Pro bono patent attorneys offer their services free of charge or at a reduced rate to inventors who cannot afford the cost to obtain a patent.
Many organizations offer pro bono assistance in patent matters to inventors.
Noting that pro bono attorneys are not always available in all areas, and that there might be a waiting list for certain services, is important. Pro bono patent attorneys may be able to provide valuable assistance and you should seek their advice about the best way to proceed in your particular situation.
Table of Content
1.1 IP Basics
1.1.1 Copyright
1.1.2 Trademark
1.1.3 Trade secret
1.1.4 Unfair competition
1.1.5 Patents
1.2 How do I determine which IP category is best for me
2.1 What is the legal authority behind patents?
2.2 What government agency is in charge of administering patents?
2.3 What are the advantages of owning a patent?
2.4 Factors to consider before Patenting:
2.4.1 Is the invention commercializable?
2.4.2 Did I invent the invention?
2.4.3 Do I own the invention?
2.4.4 Is the invention patentable?
2.4.5 Does it fit into a patent “class”?
2.4.6 Is it novel?
2.4.7 Is it non-obvious?
3. How to set up an account with the USPTO?
3.1 Getting Started – New Users
3.2 USPTO Registration Modernizing – key considerations
3.3 Filing types available at USPTO.gov Account
4. Will I need a patent attorney or agent for the application process?
4.1 What’s the difference between a patent attorney and agent?
4.2 What is the process to become a USPTO registered patent attorney or patent agent?
4.3 Is there paperwork that an attorney may ask me to sign for his/her services?
5. What is a provisional patent application (PPA)?
5.1 What is provisional patent application (PPA)?
5.2 What are the benefits of a provisional patent?
5.3 What are the drawbacks of a provisional patent?
5.4 What is the recommended format for a provisional patent application (PPA)?
5.4.1 Title
5.4.2 Abstract
5.4.3 Drawings
5.4.4 Description
5.4.5 Prior art
5.4.6 Inventor
5.4.7 Multiple inventions
5.4.8 Fees
5.5 What should I think about in drafting the PPA application?
5.6 What is optional for a PPA?
5.6.1 Claims
5.6.2 Prototype
5.7 What do you do for improvements after PPA filing?
6. How can ProvisionalBuilder™ help with this process?
6.1 What are the benefits to using ProvisionalBuilder™?
6.2 How does ProvisionalBuilder™ work?
6.3 What do I do after ProvisionalBuilder™ is installed?
6.4 How do I start an application on ProvisionalBuilder?
6.4.1 New application—template selection
6.4.2 “Overview” page
6.4.3 “Background” section
6.4.4 “Summary” section
6.4.5 “Detailed Description” section
6.5 “Drawing & Description” page
6.5.1 Drawings
6.5.2 Adding a new figure
6.5.3 Drafting the Detailed Description from the Drawings
6.5.4 Suggestions for Drafting the Detailed Description of the Drawing
6.5.5 PPA Cover Sheet page
6.5.6 Generate application page
6.6 Filing online
6.7 Filing by USPS Express Mail
7.2 What you can do?
7.2.1 May mark product with “patent pending” or “patent applied”
7.2.2 You can file Multiple PPAs
7.2.3 Convert a PPA to a utility patent application
8.1 Preparatory steps before drafting your Utility Patent Application?
8.1.1 Document the invention process.
8.1.2 Search for prior art.
8.1.3 Be aware of imperfections in the search process
8.2 Inventorship – what happens when you have multiple inventors?
8.2.1 How to fix improper inventorship?
8.2.2 How to correct typos in the name?
8.2.3 Ownership
8.3 How to protect your ownership if you hire consultants to work on your invention?
9.3.1 Consultant’s Agreement
9.3.2 Joint Ownership Agreement (JOA)
8.4 Does your employer have rights in your invention?
9.4.1 If your employer isn’t interested in your invention submission
9. File a Utility Patent Application
9.1 Can I reuse information from my PPA or other applications?
9.2 What should I consider in drafting the utility application?
9.3 How do I write the claims?
9.4 What documents are needed in filing the utility application?
9.4.1 Specification
9.4.2 Information Disclosure Statement (IDS)
9.4.3 Inventor’s Oath or Declaration
9.4.4 Fees
9.4.5 Transmittal letter
9.4.6 Drawings
9.4.7 Optional
9.5 Can you request early publication of your application?
10. What happens after the utility application is filed?
10.1 How to Respond to Formality/Pre-Examination Review?
11. How to respond to office actions?
11.1.1 How to handle an office action
11.1.2 First office action allowance (Ex parte Quayle)
11.1.3 Amendment in response to Office Action (OA)
11.1.4 How to request an interview with the examiner?
11.1.5 What happens if a response is not timely filed?
11.2 Second or Final Office Action (OA)
11.2.1 Notice of Allowance
11.2.2 Reconsideration
11.2.3 Amendment
11.2.4 Request to continue the examination after a final office action
12. The USPTO has issued your patent.
12.1 How long does a utility patent last?
12.2 Patent expiration