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Once someone has developed an idea, and has taken the necessary steps of consulting a patent attorney or patent law firm, they usually wonder what happens next. Of course the legal representative will explain the process of getting a patent, but it’s advantageous to have some advance knowledge of how the process works and what the inventor can do while waiting for a decision from the Patent Office.

If the a patent attorney has already filed a patent application for the invention, then that suggests that a successful, comprehensive patent search has found that no similar patents. Once a patent application has been filed, the applicant’s status is referred to as “Patent Pending”. The next step in the application process is referred to as the “patent prosecution” phase, which generally proceeds as follows:

First, an examiner from the United States Patent and Trademark Office (USPTO) reviews the application to make a decision on whether the invention is patentable. The USPTO provides a manual (Manual of Patent Examination Procedure) to help them determine what is patentable as you can read on http://classifieds.usatoday.com/blog/business-spotlight/business-spotlight-inventhelp/.

For example, slogans, logos and names are considered trademarks, while music, art and writings fall under the category of copyrights. These types of intellectual property are not patentable. Patentable subject matter would include: business methods, processes, compositions, products and machines. The examiner must ensure that the actual invention falls within one of the established categories of patentable subject matter.

If the examiner finds that the request falls within one of the acceptable categories, the USPTO must then investigate whether the patent is for an actual new invention of a product or process. The patent office will conduct another detailed search to help determine if the invention is new. Should there be a similar patent pending application, the inventor with the earlier date of invention gets awarded the patent. (The date of invention is legally established as the date when the inventor has proven it works, or the day on which a workable process was conceived).

Once the patent prosecution phase is underway at the USPTO, the company or entrepreneur will have completed and signed documentation that can be used as evidence of their conception of the idea. The inventor can then claim ownership of the product, composition, process or machine. As such, they should start labeling the product or process awaiting decision on the patent application as “patent pending”. Appropriate markings on the product or process include: “pat. pend”, “pat. pending”, or “patent applied for”, followed by the application number.

This gives warning to others that the inventor may be able to bring a legal suit against any individual or company who utilizes, copies or sells an invention if the patent is awarded. Those who infringe a patent could be sued for damages as well as back-dated and future royalties and have their productions or manufacturing processes seized.

After eighteen months, the U.S. Patent and Trademark Office publishes the application. (note: An inventor can request Non-Publication at the time of patent filing to avoid publication.) However, should the USPTO publish it prior to the patent being granted, the inventor has provisional rights during the patent-pending stage and can sue for damages from the date the application was published. Once the patent application is approved, all patent rights begin and infringement issues may be pursued as was explained in https://www.collegian.psu.edu/xpert_advice/article_1c0ae35e-1916-11e9-a355-13e0947b8cdc.html article.

Patent protection allows the creator of an idea to exclude others from making, using or selling the product, method or process. The patent owner can then sell rights to companies or other parties in exchange for royalty payments or some other form of compensation. An inventor should therefore seek patent protection for their invention as soon as possible.

The tips we are about to share with you are based in part on the experience of inventors who successfully patented, developed and marketed their inventions. These tips may or may not work for every inventor and will likely require you to adapt them to your own unique situation.

Keep a notebook or log to record concept development

A notebook or log can be helpful for several reasons:

(1) it helps you keep track of your progress and testing results, so you don’t repeat steps;

(2) it can serve as evidence of date of conception in the event another inventor claims that they invented first.

When you have a completed concept for your invention order a patent search

A patent search is a relatively cost effective way to determine the likelihood of getting a patent for your invention. A patent search may also inform you about other similar inventions and help you differentiate your invention from these inventions. Also, a patent search may also be used as evidence to help establish date of conception. There are very good patenting companies, such as InventHelp – https://www.facebook.com/inventhelp/, that can do a professional patent search for you.

Avoid any public disclosure or offer for sale of your invention before you file a Patent Application.

If the patent search suggests that there is a good likelihood of getting a patent for your invention, then you should file a patent application as soon as possible. You should not make any “public disclosure” or “offer for sale” of your invention before filing a patent application, as it could result in a loss of patent rights. An “offer for sale” might include working with invention promotion companies who may try to sell your invention to third parties and should be avoided as explained in https://campuspress.yale.edu/tribune/inventhelp-gets-great-inventions-from-the-mind-to-the-market/ article.

File a Patent Application

As you can imagine, we recommend using a licensed patent attorney or agent to draft and file your patent application. A patent application is one of the most complicated legal documents that exist and should not be taken lightly. The U.S. Patent and Trademark Office has stringent requirements, as provided in the Manual of Patent Examination Procedure (MPEP), for proper format and contents of a patent application.

In addition, the strength of your patent often depends on how the legal claims are written. The claims define the legal boundaries of your invention and ideally should be drafted to cover your invention broadly, while avoiding any conflict with another patent reference. Therefore, you should work with an experienced patent attorney or agent who is familiar with MPEP requirements and is skilled at drafting patent claims.

If you wish to patent an idea in the United States, you must file an application through the United States Patent & Trademark Office (USPTO.gov) which is the US government department that issues patents and trademarks. By securing a patent against your idea it gives you the ability to take legal action against anyone who attempts to take advantage of your idea. This is because you are legally identified as the ‘owner’ of that idea. But patents don’t remain in force forever lasting between 14 and 20 years depending on the type of patent issued.

However, getting a patent is not an easy process and can be potentially very costly. Even if you apply for a patent you are far from guaranteed success and the legislation is incredibly complex for most people to understand as described in http://collegian.csufresno.edu/2019/07/22/should-i-use-inventhelp-to-bring-my-invention-to-life/. Let’s look at the basic process you must go through in order to secure a patent.

Check if your idea has already been patented – You can do this on the USPTO website which provides a variety of search options. There is no guarantee that even if your idea has been patented you will necessarily find it through a search but it is a great starting point and will potentially save you lots of otherwise wasted money and effort.

Decide on the type of patent – There are three major categories identified by USPTO which are Plant Patent (Patenting of different type of new plants), Design Patents (related to specific designs) and the Utility Patent (relating to processes including those used in manufacture) which is the most common.

Decide on Coverage – Do you need United States only patent protection or international protection. You can apply for international protection through the Patent Corporation Treaty (PCT) which seeks to offer additional protection by means of an agreement between the US Government and the European Patent Office.

Utility Patents Type – Specifically for Utility Patents you can go for the full non-provisional patent requiring the more rigorous application process. Alternatively, you can apply for a Provisional Patent which lasts only 12 months and cannot be extended but is a much simpler and cheaper process to work through. ‘Patent Pending’ can be assigned to the idea and once this more limited protection is in place you can still go ahead and file for the full non-provisional patent as well.

Prepare all the paperwork and evidence – Whether you do this yourself or hire a professional is a matter of choice but USPTO recommends hiring a professional to do this for you.

Online Application – Apply online through the EFS (Electronic Filing System) once you have registered and you can manage your application and track progress through the EFS portal. Details of this service are on the USPTO website.

Yes or No? If your application is approved you will be liable for the appropriate fees. If it is not approved you can appeal and ask for it to be reconsidered. This will be at an additional cost as written on https://www.sfexaminer.com/marketplace/how-can-you-benefit-from-inventhelp/.

Fees – These include a filing and examination fee which is charged whether your patent is ultimately granted or not. Once approved you will need to pay an issue fee and maintenance fees every three to four years. There are a number of additional fees that may be levied for example if your application paperwork is over 100 pages. All these fees can quickly add up to be in the thousands of dollars. The fee schedule can be found on the USPTO website.

The process for registering a patent with the United States Patent & Trademarks Office (USPTO) is complex and costly and therefore it makes sense to hire a professional patent attorney to support you in making your application. The process of becoming a patent attorney is very lengthy and involved.

To give you an idea every US Patent Attorney must possess an appropriate undergraduate degree THEN pass the incredibly difficult U.S. Patent Bar examinations and THEN graduate from law school before finally pass their state’s bar exam.

However, even with all of this education and all of these examinations under their belt there huge variety of potential patents that could be filed means that no single patent attorney can handle every application. You will find in larger firms that they will have patent attorneys that specialize in specific areas and it is worth considering a specialist attorney for very niche ideas as discussed on http://blogs.bu.edu/suechen/inventhelp-taking-inventions-from-paper-to-the-global-marketplace/.

So what can you look for in a patent attorney?

Here are some pointers:

Are they qualified? – This is very easily solved by searching the USPTO Attorney / Agent Search online. At time of writing there are over ten thousand active agents and thirty two thousand active attorneys.

Attorney or Agent? – There is a world of difference between a patent attorney and a patent agent. An attorney is technically and legally qualified whereas an agent does not need to be legally qualified but can support the completion of applications from a technical standpoint. Ensure that you are employing an attorney not an agent if this is what you require.

Are they able to handle your particular application? – It is worth inquiring if they have previously (and ideally successfully) secured patents for similar types of applications to yours. This need not be a deal breaker but you want to feel confident that they have the skills, knowledge and understanding required to complete your application successfully.

Don’t necessarily go with the biggest or the one that advertises the most – You are looking for the most appropriate attorney to handle your application. Bigger firms do sometimes have the advantage of having specialist divisions but smaller, more specialized firms may be more effective for you. There are no definitive rules about this. Just simply be aware of choosing the most appropriate firm for you.

Gather the evidence – Shortlist a number of patent attorneys to investigate further. Look for independent reviews of their services, ask others for recommendations if you are able to do so and if you have any doubts then ask the questions. Ask them for sample applications, terms of business, their fee schedule and any other information you may require.

Who is the expert? – Remember that you are the expert in your idea. The attorney is the expert in navigating the legalities and processes required to secure your desired patent. The attorney can only work with the information that s/he is provided with and therefore you have a responsibility to ensure that you communicate your idea clearly. A good patent attorney will help you to structure your idea and put it into your application in a way that supports the patent process.

Take your time – Do not feel rushed or pressured into choosing a particular patent attorney. After all you are going to potentially be spending a lot of money with them and on your patent application. Therefore, it is essential that you ensure that you are happy to proceed both with your application and the particular attorney.

You are not alone if you start investigating a patent attorney and find out that you are not ready to begin the process. If this is the case, be honest with the attorney, take some time to get yourself prepared and then you can approach them when you are ready to begin.

There are a number of things to consider when hiring a patent attorney or an patenting agency. Luckily, there is a rigorous qualification process and you can easily check their credentials online in the United States as stated in http://www.sfweekly.com/sponsored/why-inventors-turn-to-experts-like-inventhelp/ article.