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Filing a patent application to protect your innovative ideas is a crucial step in safeguarding your intellectual property. The patent application process involves several important stages, and each one requires careful attention to detail. In this comprehensive guide, we will walk you through the key steps of the patent application process and provide valuable insights to help you navigate it successfully.
If you are looking to apply for a patent, learn the process a legal counsel typically goes through, as well as the estimated costs of each process.
Table of Contents
Here are the steps when filing a patent application:
Step 1: Idea Submission and Evaluation
The first step in the patent application process is to submit a written disclosure of your idea. This disclosure is the foundation for the entire process, so it’s essential to present your idea clearly and comprehensively. After submission, the idea undergoes a thorough evaluation to assess its technical working essentials and potential patent merit.
Presenting Your Idea for Review
During this stage, it is essential to provide all relevant technical details, supporting materials, and any existing prototypes. The more comprehensive your submission, the better equipped the company managers will be to evaluate the idea’s potential.
- Preparation and submission of disclosure in written form to designated company managers of the idea or innovation by its creator(s) for initial review and summary evaluation [Estimated Time: 1-2 hours; Cost: company time].
- Review by designated company managers of the disclosed idea or innovation for potential commercial worth and value [Estimated Time: 1-2 hours; Cost: company time].
Step 2: Assessing Technical Working Essentials and Patent Merit
Once the idea passes the initial review, it undergoes a comprehensive evaluation by our experienced patent counsel. This evaluation focuses on two critical aspects:
Evaluating Technical Viability
The patent counsel assesses the technical working essentials of the idea. This involves scrutinizing the feasibility of turning the concept into a tangible invention. Factors like practicality, functionality, and potential challenges are carefully examined to ensure the idea has a solid foundation.
Analyzing Patent Merit
The second aspect of the evaluation revolves around the idea’s potential patent merit. The patent experts conduct extensive research to determine the uniqueness of the idea and whether it qualifies for patent protection. Thorough searches of existing patents are conducted to ensure no similar inventions are already patented.
- Summary evaluation of the disclosed idea or innovation by patent counsel to identify its technical working essentials and to assess whether these essentials might meet the patent merit requirements of utility, novelty, and non-obviousness in view of the relevant prior art [Estimated Time: 2- 4 hours; Cost: $195.00 per hour]
Step 3: Decision-Making and Development
After the idea successfully passes the technical and patent evaluations, the company managers are presented with the evaluation report. Based on the findings, they decide whether to proceed with the development and seek patent protection.
Making the Decision
The decision-making process is a critical juncture in the patent application journey. Our team collaborates closely with the creators and managers to weigh the pros and cons, considering market potential, competition, and other relevant factors.
Pursuing Development and Patent Protection
If the decision is to move forward, the next step involves initiating the development phase. The creators work in tandem with our experts to refine and expand the idea further, with a focus on maximizing its potential and marketability.
- Review and decide by designated company managers whether and how to proceed with the commercial development of the idea or innovation and whether or not to seek patent protection for the innovation based on patent counsel s summary evaluation [Estimated Time: 3- 6 hours; Cost: company time].
Step 4: Determining the Broadest Scope of Innovation
With the idea progressing towards development, a crucial meeting is held to determine the broadest scope of the innovation. This step is pivotal in defining the scope of the eventual patent.
Defining the Patent Scope
Your team of patent specialists, legal experts, and inventors collaborate in this meeting to discuss various aspects of the idea. They identify the unique features and technical elements that set the innovation apart, laying the groundwork for the patent’s claims.
- Holding an in-person (if possible) meeting of the creator/inventors, patent counsel, and company managers in order to determine and decide what is or should be the broadest possible scope for the innovation in commercial and non-commercial terms; and to detail and characterize inventorship, the number and types of commercial formats, kinds of variations, preferred embodiments and minimum essential parts, operation limits, optimal use ranges, and the like which are or might come to be within the defined limits of the innovation [Estimated Time 2- 3 hours; Cost: patent counsel @ $195.00 per hour & company time].
Step 5: Drafting the Patent Application
After determining the broadest scope of the innovation, the creators provide a detailed written description of the invention. The patent counsel then takes over, meticulously drafting the patent application text.
Crafting the Patent Application
Make sure your patent counsel has extensive experience in preparing patent applications that meet the strict requirements of the U.S. Patent Office. The application includes comprehensive technical details, innovative aspects, and legal language necessary to protect the idea effectively.
- Preparation and submission to the patent counsel of a complete and full written description of the innovation/invention prepared by the creators/inventors (in one or more documents), which provides sufficient technical detail, relevant drawings, useful background information, a listing of unexpected benefits and desirable advantages, and the relevant prior art for patent text purposes [Estimated Time: 8-24 hours; Cost: company time].
- Preparation and distribution of a first draft text of the patent application by patent counsel to the named inventors and designated company managers [Estimated Time: 30-35 hours; Cost: $195.00 per hour]
- Review and substantive revision of the first draft patent application text by the named inventors and designated company managers and return of the revised first draft text to patent counsel [Estimated Time: 5-10 hours; Cost: company time].
- Preparation and distribution of a second (and presumably last) draft text of the patent application by patent counsel to the named inventors and designated company managers for final comments and changes to the text [Estimated Time: 10-14 hours; Cost: $195.00 per hour].
Step 6: Patent Application Submission
With the patent application meticulously drafted and refined, it is time for submission to the U.S. Patent Office. Your patent counsel team ensures that all necessary supporting documents and fees are included to facilitate a smooth and efficient submission process.
Submitting the Patent Application
Your patent experts will handle the entire submission process, ensuring all legal requirements are met. The patent application is then filed with the U.S. Patent Office, marking the beginning of the journey toward obtaining a patent pending status.
- Receipt by patent counsel of final desired or needed changes to the patent application text from the named inventors and designated company managers and preparation of a fully approved text ready to be submitted to the U. S. Patent Office [Estimated Time 2-4 hours; Cost: $195.00 per hour].
- Preparation by patent counsel of required supporting formal documents and fee payments to accompany the fully approved patent application manuscript [Estimated Time: 2-3 hours; Cost: $195.00 per hour].
- Submission, with or without prior signature by the named inventors, of the fully approved patent application manuscript, supporting formal documents, and requisite fee payments to the U.S. Patent Office, and obtaining an official serial number and filing date sufficient for patent pending purposes.
In conclusion, the patent application process is complex and requires expert guidance to ensure success. Each step is critical and must be handled with care. By following this general guide, you can better understand the patent application process and take the necessary steps to protect your valuable ideas. Remember that seeking professional assistance from patent attorneys or agents can greatly enhance your chances of a successful patent application.
[Note: The information in this guide is for general informational purposes only and should not be construed as legal advice. Please consult a qualified patent attorney for specific legal advice regarding patent applications.]
Recommended Books on How to Patent and File a Patent Application:
- Patent It Yourself: Your Step-by-Step Guide to Filing at the U.S. Patent Office
- The Inventor’s Guide to Writing Provisional Patent Applications
- The Patent Writer: How to Write Successful Patent Applications (Patents in Commerce)
- How to Make Patent Drawings: A Patent It Yourself Companion
- Patent Pending in 24 Hours Ninth Edition
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