What is the patent process in the US?

Introduction:

Imagine a situation where you have invented something, and while you are trying to release it in the market, due to the increased demand, everyone wants to buy it from you. After purchase, the buyers can use their brand name and market it to their customers. To prevent this from happening, you need a patent for your work. A patent is like a copyright, which will only apply to you, and without your permission, nobody can use your creation without prior information.

Types of Patents:

Patents are of different types are awarded to the creators who excel in their fields. Some of the types of patents are Utility Patent, Design Patent, and Plant Patent. When you go to patent services for assistance, you have to mention the category of your invention against which it should be awarded a patent.

·    Utility patent: These patents are awarded to individuals who discover/invent a useful and unique process at the same time. These may include machines, manufactured goods/articles, or composite matters.


· Design Patent: These patents are given to those who invent an original and brand new ornamental design of a manufactured article.

·         Plant Patent: Plant Patent is eligible for those who invent an original and distinct variety of plants through asexual reproduction or their researches.

The Process for Gaining Patent in the USA:

Several patent services are available in the country that assists you in the complex legal process that goes through receiving a patent from a trusted source. You would also need attorneys who can explain your innovation's legal system and receive a green signal from their end. Your invention should have the quality that would affect many in the country, and then only it can receive a patent.

 

The journey of receiving a patent consists of some difficult tasks you have to undertake, mentioned in detail below. 

Step 1: Discussing the Qualities of your Invention: 

The process is known as the patentability opinion. You have to provide all the necessary details about your invention to ensure that they can take out the ‘patentability’ or the idea to present before the officials. The procedure helps to clarify why your product should get patented. Disclose all the necessary information about your invention to the patent office, and keep a note of your invention's relevant information.

Step 2: Filing a Patent Application: 

When you discuss every feature of your invention and prepare an opinion in support of your vision to get a patent, it is time for you to apply for a patent along with your patent service. The patent application is nothing but a document that includes all the features, qualities, and nature of your innovation. It would be best to analyze how it impacts others and why you think it should get patented. You have to prepare it well with your patent service officials' assistance and then send it to the patent office.

Step 3: Patent Prosecution:

Now comes one of the tricky parts of gaining your patent: to present your patent application before the Court of law. It is not like a legal battle but as a debate between the patent issuing office and the applicant. You can only go for prosecution once you receive a letter or a written response from the Patent Office. You have to communicate through your attorney and convince the examiner why your innovation deserves a patent. You have to produce every necessary detail of your design. If the Patent Office thinks that these points are worthy of giving you a patent, you can receive one.

Step 4: Issuance of Abandonment:

 If your points are well presented before the Patent Office attorney, you will be successful in receiving a Patent from them. In case it does not impress them or the points are not well-made, they have the full right to abandon you from receiving a patent. However, if you think you need to appeal for a patent again, you can issue a fresh note of appeal to the Patent office with all the necessary information and try again.

Step 5: Maintenance Fees:

 If your appeal is successful and you are issued a patent, you will only receive the maintenance fees. The fees are given on a different timeline, from three and a half years to 11 and a half years of issuing the patent, which means you will get money for your patented innovation for a guaranteed period given by the Patent office.

Things to Reconsider Before Filing for Patent in US:

When you file for a patent against your innovation, you have to make sure that it covers some essential points presented before the Patent Office attorneys. You have to sit down and note some crucial factors of your innovation like,

Whether others have Already disclosed your Invention: 

When you file for a patent against your discovery, you should take a moment to consider whether the same or similar invention has made earlier by someone else. You can search for documents related to your invention's keywords on the web and search for some foreign patents to get a clearer idea.

Whether Your Invention Has a Business Potential: 

In the 21st Century world, everything is a commodity. Keep in mind that your invention must unique in every way and have business potential. The invention's patent is transferred to a producer who makes specimens and sells it to the profit market. In a way, you will also get part of the profit from their end.

Whether Your Invention Can be Used for Humanitarian Causes:

 Before getting your work patent, you need to prove to the officials that your invention serves society. It will make your argument look valid and will ease the way for receiving a patent.

If you find out that your innovation has got all these factors, then only you can contact a patent service to assist you in receiving a patent.

Conclusion:

In a world of creativity and innovation, you have to create something unique and can be used for a bigger perspective. Your creation should stand out from others to convince the Patent office officials who would issue the patent to you. Also, make sure to keep your innovation an absolute secret to prevent information leakage. Contact trusted sources for attorney and patent services when you are starting the process of the patent application. Following these steps would result in more safely and smoothly for you to receive a patent against your innovation.

 

Location: United States

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