How
to Obtain a Patent: The inner-workings of the U.S.
Patent Office
by
Paul Johnson
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.
Discover valuable advice and information about patent searches
and applications. Website contains useful articles about us patent
searches & applications. Click
http://www.us-patentsearch.com/us-patent-office.html