How to Obtain a Patent: The inner-workings of the U.S. Paten
The United States works differently than other countries
when it comes to giving patents. In the U.S., it doesn't
necessarily matter who first applied for the patent (the
process may take up to a year to complete).
What does matter, however, is who came up with the original
composite for the invention first. If an inventor can prove
that s/he came up with a tangible product before someone
else, then they will be granted the right to the patent.
It's best, given the information above, to sketch your idea
for a product with descriptions on how it works. Then, the
inventor, along with two witnesses should sign and date it
in front of an official notary.
Following, keep the composite in a safe location while you
are applying for the provisional or regular patent, while
working on your invention.
A provisional patent application from the U.S. Patent and
Trademark Office provides a confirmation to the date when
the invention was first invented, or when the composite was
completed. This way the inventor doesn't have to
necessarily have completed the invention in its entirety.
The inventor needs to file a regular patent application
with the USPTO within one year of the provisional
application.
An inventor, once ready to fully patent his invention, may
have to hire an official patent attorney or agent. Then,
the patent attorney or agent can conduct a search which
checks to see that the invention is original, and that it
hasn't already been filed. Once the uniqueness of the new
invention is confirmed, the inventor has to fill out a
specification (or description), two or more composites and
an official claim form.
Once the application is received at the Patent and
Trademark Office, an examiner will complete another search
of records to be sure that the invention hasn't already
been patented. If there are no problems, the inventor will
receive a "notice of allowance". This means that the
inventor will soon receive his/her patent number once
certain fees are paid in full.
If there are problems with determining the original quality
of a product or composite, then appeals can be made within
the Board of Patent Appeals and Interferences. Following,
if this proves no avail, claims can be taken to court.
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About the Author
Paul Johnson works as a software developer. Over the last
ten years, he's made a variety of inventions which he's
patented. He shares his experiences and advice in a series
of articles about us patent searches and patent
applications.