A patent attorney should be consulted for the preparation of a patent application. Patent attorneys are aware of the formal requirements and can help identify the patentable components of a complex invention. A patent attorney (also called a patent lawyer) is a lawyer licensed by a state bar and licensed by the United States Patent and Trademark Office (USPTO).
Depending on the Invention and patent strategy, a patent attorney or a patenting agency, such as InventHelp, will recommend at least one of a variety of patent applications. Each may have different requirements. More information regarding each type of patent application is provided below:
- U.S. Utility Patent Application;
- Provisional Patent Application;
- Design Patent Application;
- PCT patent application
Once a patent application is filed with the United States Patent and Trademark Office (USPTO), the Inventor can mark the invention “patent pending.” The term “patent pending” notifies the public that the Inventor is seeking patent protection on the invention and a patent may soon issue.
Information Disclosure Statement (IDS)
While the patent application is pending, the Inventor has the duty to provide all known references that may affect patentability of the invention to the patent examiner. References are submitted in the form of an Information Disclosure Statement (IDS). Frequently, the results of a patent search are provided as the IDS. The patent examiner will evaluate the IDS, conduct a patent search and determine whether the invention is useful, new and nonobvious.
Frequently, inventions are initially rejected over one or more statutory requirements (as interpreted by the patent examiner) in what is called an Office Action. A response to the office action can be filed.
A patent attorney should be consulted to identify which of the following would be the best route:
- Providing Arguments that distinguish the invention from the documents cited in the Office Action
- Amending the patent application to distinguish the invention from the documents cited in the Office Action
- Abandoning the application
Once the proper response is filed, the patent examiner considers the response. The patent examiner may issue another Office Action rejecting all or part of the invention or may provide a notice of allowance.
A patent will issue once all pending claims have been deemed allowable and the issue fee is paid. An issued patent grants the owner the right to exclude others from making, using, selling, offering for sale or importing the claimed invention for approximately 20 years from the filing date (although patent term may be extended or shortened) as explained in the https://www.glassdoor.com/Overview/Working-at-InventHelp-EI_IE152162.11,21.htm post.
An inventor must pay maintenance fees periodically to keep the patent valid.
What does “Patent Pending” mean?
When a patent application has been submitted to the USPTO, a patent application serial number is issued and the patent application has a “Patent Pending” status. The term “Patent Pending” is used by a seller or a manufacturer to put the public on notice that the product has a patent application on file with the USPTO.
The term ”Patent Pending” is utilized to market your product and enables the following results:
- A patent prevents others from making, using, or selling your invention.
- Achieve the notoriety of being an inventor of a “Patent Pending” product.
- Mark your invention with “Patent Pending” to notify the public of the pending status of your patent application.
- A patented product reinforces the public opinion that your company is reputable.
- Earns governmental validation of the novelty of your product.
- Customers will choose to buy your product over your competitors.
When you are deciding on a Patent Law Firm or a Patent Agency, such as InventHelp, to represent your valuable Intellectual Property, make sure you choose a firm having strengths in all technical disciplines. Also, make sure your legal representative has strengths in drafting a formal patent application encompassing, not only the embodiments of your invention, but elements in which competitors could anticipate. This strategy prevents competing individuals or companies from being able to replicate your patented invention, resulting in these competitors having to license your technology.
Many patents are challenged in a court of law and also at the USPTO. Many Patent Attorneys and Registered Patent Agents lack skill with drafting enforceable patent applications that will endure detailed examination of the content and the defining of terms in the patent application as a whole during the course of a proceeding. InventHelp is skilled company in drafting patent applications that are focused to withstand litigation and patent proceedings.
Their patent services extend to patentability searches, preparing patent applications, patent prosecution, office action responses, executing assignments, drafting patent drawings, claims drafting, patent infringement analysis, and prototype development which are among the various acts requiring the knowledge of patent laws and rules along with the USPTO practices and procedures.
Get the professional representation your invention deserves with the full range of patent services. Schedule an appointment with Registered Patent Agent, today and protect your intellectual property.
Legal representation may not be required to file your patent, unless you are denied and the dispute goes on to the U.S. court system. The US Patent and Trademark Office (USPTO) is on hand to give you any technical help needed to file your patent. The USPTO also offers online access to patent records and application forms, making filing without a lawyer, though still complex, more practical for the inventor. Here’s a quick look at the steps necessary to get a patent:
First, you must explain the invention in detail. Document your invention efforts in a spiral-bound notebook. If possible, find a couple of people who are willing to sign as witnesses. These process notes will supply information required by the USPTO to confirm that you are the true inventor. The final description should contain information that plainly describes what you have produced as “new.” You may also have to to assemble and test the invention, depending on what it is. Your invention must be described correctly and in substantial detail in order for your patent request to be successful.
Next, you must confirm that your creation meets the criteria for patent protection. You cannot patent a theoretical idea. Your creation must fit into one of the categories outlined by the USPTO. You need to be able to demonstrate how your invention works. Your creation must be new, i.e., it must be different in some significant way from all prior inventions. It also cannot be on sale or be known about for more than a year before you file the patent application as explained in this article at https://azbigmedia.com/inventhelp-can-help-turn-your-invention-into-reality/.
You must also avoid the issue of joint patent ownership during the patent application process. Are there service providers, associates, or other people who work for you who may claim joint ownership of the invention? Before entering into any business arrangements, these people should be required to sign an agreement transferring any rights they may have in the invention to you. You should also get similar agreements from anyone who offers guidance, recommendations and other assistance; this includes coworkers, friends and industry specialists from whom you may be seeking advice.
Now it is time to perform a complete patent search. In order to obtain a patent, you must show that your invention is not already covered by someone else’s patent. Labeled “prior arts” in federal language, previous patents must be methodically studied. You need to explore all the prior developments in your field to confirm that your invention is new. Patent searching is a lengthy process and requires patience, so you could hire a patent agency, such as InventHelp, to help you in this step. Much of the research can be conducted online at the USPTO website. You may also want to visit a Patent and Trademark Depository Library in person to look for past patents and to obtain assistance from a librarian.
Finally, prepare and file your application with the Patent and Trademark Office. You can file a provisional patent application or a regular application on your invention. When you file a provisional application, you can claim ‘patent pending’ status for the invention. The provisional application requires a shorter application process and usually a lower cost. For a provisional application, all you need is a payment of $80, a full narrative of the invention showing how to create and use it, and an informal drawing. While the regular application is more extensive, it is required for full patent protection.
As you know, being a true innovator in your industry is the most important part of standing head and shoulders above your competition. However, you may also realize that the more value your ideas and innovations have, the more vulnerable they become to intellectual bandits seeking to profit from your hard work.
Therefore, when it comes to protecting your ideas, you need the best Patent Lawyer has to offer. This means someone who has the passion, the talent, the experience and the devotion to defend what is rightfully yours from those who would seek to make it their own.
However, when it comes to finding a seasoned Patent Lawyer or a patent agency, such as InventHelp, internet is full of them and you need to know how to narrow it down to the best one for your company needs. Here are a few things which you can look for which will ensure that you get one the best Patent Lawyer can offer you.
No matter how much talent or experience a professional has, true passion is not something which can be imitated. There is much that can be said about an attorney who has the drive and the devotion to fight your battles as if those battles were their own. In order to connect with the best Patent Lawyer can offer you, true conviction and dedication to their craft is of untold importance.
This will be apparent in their approach to examining your case or in their proactive endeavor to guard your ideas from “patent pirates”. It will be apparent in their willingness and ability to educate you and to make sure that you are well informed as to what steps are needed to protect your bottom line. It will be apparent in their sense of devotion to building a connection with you as their customer and making sure that you understand each aspect of protecting your intellectual property.
When it comes to finding a great Patent Lawyer, probably has many who have experience and expertise but they may not be well prepared for protecting your ideas in the global marketplace. Your best bet is to find the Patent Lawyer who has this kind of expertise and who can put it to work for you.
No matter where in the world you are doing business, you need to be able to protect your intellectual property from those who would seek to profit from it. Intellectual property thieves can be anywhere in the world, and they may be in places where the laws are not the same as where you are as was explained in https://blogs.ubc.ca/inventhelpreviews/ article. This means that finding the best Patent Lawyer has to offer requires someone with a global awareness of patent laws.
You may have struck a new innovation no one else has conceived of before with your invention It’s essential to follow through with protecting and bringing your idea to completion The legal features involved in publishing your work can be complicated and time consuming. A patent attorney may be able to save time determining if there is already an existing patent for a similar innovation. And if there isn’t, they can help you take the following step in patenting and shielding your work.
Three patent types are offered with the United States Patent and Trademark Office : utility patents, plant patents, and design patents. Patents largely take up to three years to process. If accepted, they are generally valid for 20 years for plant and utility patents, and 14 years for design patents, as was described in this article on https://newswatchtv.com/2019/02/11/getting-help-invention-inventhelp/.
Utility patents address machines or other functional objects and processes. Utility patents are very common, and are the patent most people apply for when patenting innovations. Design patents concern aesthetic designs. Plant patents apply to newly discovered plant varieties able to be reproducible sexually or asexually.
Considering the legal procedure in respect to patents is elaborate, patent attorneys could best explain how best to file a patent for your new innovation.
The complicated procedure of filing for a patent can take up to three years. Let patent attorneys worry about the more difficult features of intellectual property law and save your energy and time. A patent attorney could assist in determining whether or not your new innovation might infringe on another patent. Patent attorneys or patent agencies, such as InventHelp, could counsel you on filing for a patent and potentially diminish the odds for rejection by examiners. Spare yourself from time wasted caught up with the minutia of self-preparing your application and speak with patent attorneys.
Patent attorneys and agents act as legal counselors of companies. When an inventor submits his invention, the patent attorney gets to start his work. The patent attorney or the patent agency, such as InventHelp, reviews the invention and decides whether it is fit to be patented or not. It is his responsibility to evaluate if the invention is useful, unique, and relevant. Then based on his evaluation, he recommends to the client whether or not to submit a patent application for the invention. While evaluating the invention, the patent attorney needs to thoroughly investigate the technicality involved as well as previous similar patents, examine references and make a comparative analysis to discover any obvious differences.
The patent attorney gets to decide if it is suitable to apply for a patent or not based on his findings. So it is only when he has mounted a solid basis to support patent application will he file for patent at the USPTO. The application must include documents detailing the invention precisely, its usefulness together with the diagrams and illustrations, and definition of the rightful claims to the patent rights that may be awarded to the inventor. Once this application has been submitted, it is now in the hands of a patent examiner. The patent attorney keeps in contact with the examiner to discuss issues related to patent rights and claims and to negotiate for the best interest of his client.
In case where the examiner denies patent issuance based on his findings that a patent is not fit to be awarded for the invention, then the patent attorney will assist the applicant to appeal to the USPTO’s Board of Appeals. If the board also rejects the appeal, then the applicant may present his appeal to the US Court of Appeals for the Federal Circuit.
If the patent applicant wishes to file patent applications in other countries, the patent attorney will be assisting him too. This process widens the coverage of patent protection and will enable the applicant to market his invention in several countries or even worldwide. It is usually foreign agencies who handle the process that foreign patent applications entail. It is imperative then for patent attorneys to be experts in international law as it applies to patents and inventions worldwide.
When the patent is approved and issued, the patent attorney takes care of the licensing issues regarding the patent. Then it is his duty to draft and discuss agreements that allow others to use or market the invention upon payment of a reasonable amount to the patent holder as you can see from this https://openlab.citytech.cuny.edu/thoughtster/the-greatest-invention-ideas-that-shaped-the-world/ article.
The job of patent attorneys does not only entail patent receiving and licensing, but also giving legal advice to clients, representing their clients with regard to trade secret law, trademark law, and copyright law. They may further seek permission for their clients that enable them to employ intellectual property that is governed by others.
Patent owners under US Law have different defense mechanism and remedies. Patent is an intellectual property that excludes others from using and claiming the invention with out the permission of the Patent proprietor. Generally when a defendant has used, made, sold, attempted to sell or imported the invention, then it is called infringement. Under US Law system the patent owner has rights to claim the reasonable royalty or damaged profits resulted from this infringement. But before the patent is issued markedly one can not claim for infringement action. In such cases under 35 U.S.C pre-grant protections is available where the patent owner can obtain provisional damages. This right needs few competent evidences as follows:
- Whether the infringing activities was done after the publication of patent application
- Patented claims has to be similar with claims in the published application
- Infringer had prior notice of the published patent application
If you are a patent owner and want to be aware of the rules, regulations and safety measures it is vital to know the types of infringement, then defense strategy and remedies of those, as described in https://activerain.com/blogsview/5327718/get-help-to-achieve-commercial-success-with-inventhelp. The principle role of patent attorneys is preparation and filing a patent application. It includes several steps as follows:
They need to understand your invention, any notes or description that you provide to him. It may require your drawings or sketches or a prototype also. Once the attorney will get an idea on what your exhibition is all about he may ask you some questions like:
- What is the new or inventive in your idea as a patent owner?
- How your invention differs from existing idea?
- How advantageous it is?
- What are the problems need immediate attention?
- How do you aim to exploit the invention?
- Do you anticipate that patent protection will help you in your business?
Then the patent attorney will consider the viability of the invention. Depending on your experience and prior art, he can recommend you carrying out novelty searches if any one has already done it earlier. This is required to determine whether patent protection is worthwhile for you and which type of protection narrower or broader one suits you. Once all these factors are considered, patent attorney will express it in writing in the form of a “claim” that will define essential features of the invention and how they interrelate. Simultaneously it is necessary to find out the possibility of defining the invention in broader term so that it encloses as many possible ways of implementing the invention. You could hire a professional patenting agency, such as InventHelp, to help you out in this step.
To cover the further features a series of subsidiary claims have to be drafted with both technical and legal aspects. The description part of the invention should provide enough information to the reader so as to enable it in practice. After filing the main claim there can be additional support required for amending or limiting the claim caused from further finding of unpatentable art. In such cases due care need to be taken to ensure that amendments and adjustments have been done with out any shortfall of prohibition caused by any new information addition. That is the reason drafting patent specification may take several hours also. It may take 6-8 hours long time to make it. For complex cases time may exceed for these stages. This all together requires wide knowledge on patent law and practice, ability to understand and explain the technology and put together all these skills to draft it in writing which is going to be scrutinized by the court and other patent attorneys. Thus patent attorney have very high regard and values.