12 Steps to Filing a U.S. Patent Application

June 24, 2012 | By | 1 Reply More

If you are looking to apply for a patent, learn the process a legal counsel typically goes through as well as estimated costs of each process.

Here are the steps when filing a patent application:

patent application

1. Preparation and submission of a 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].

2. Review by designated company mangers of the disclosed idea or innovation for potential commercial worth and value

[Estimated Time: 1-2 hours; Cost: company time].

3. 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]

4. Review and decision by designated company managers whether and how to proceed with commercial development of the idea or innovation and also 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].




5. 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 and 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].

6. Preparation and submission to 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].

7. 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]

8. 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].

9. 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].

10. 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].

11. 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].

12. 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.

 
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