How Do Patent Applications Work?

The term “patent” means process or method patents and product patents.

A patent is granted to an inventor who has made a new discovery or created something which was not known before. Patented inventions also cover science, mathematics, engineering, computer software, business methods and many more. Inventors may file their applications with the United States Patent & Trademark Office, or hire a Patent Attorney to represent them in filing the patent.

Prior to submitting the application, the invention must not be known to anyone other than a patent attorney you choose.

You can only disclose certain features of the invention to potential investors, partners, customers and others if they are necessary for disclosure. You should not reveal the feature or function of the invention that is unnecessary. In some jurisdictions, you have an obligation as patent holder to make your inventions available to others who might benefit from them. You need to think about whether it would be appropriate to allow unrestricted access to the invention.

If the claims in a provisional patent application are found to be allowable, a Notice of Allowance will be issued by the US Patent and Trademark Office. If there were any objections raised during a patent trial, they would be dealt with by the patent examiner at the time of allowance. The decision can be appealed one year after it was made.

Ornamental designs are protected by a non-provisional design patent. A utility patent, meanwhile, protects the functionality of the invention.

American Patents

The application for a patent must be filed with the United States Patent Office, either directly by yourself or by a Patent Attorney. This process takes anywhere between 6 months and 3 years depending upon how many applications are pending simultaneously.

The inventor submits their application to the USPO, where it goes through several stages of review.

Firstly, the application is inspected by a group of examiners. The Examiners are selected from among those who have passed an examination administered by the USPTO and approved by the Commissioner for Patents. The prior art cited during the prosecution of the patent application is examined by an Examiner. The Examiner will issue a Notice of Allowance if there is no prior art or if the claims do not recite a novel concept.

After being reviewed by Examiners, the patent application is published for public viewing. The Examiner`s comments are included in a file that is made available to all interested parties and others who may be affected by this patent.

Experienced Patent Attorneys Can Help

Patent Attorney has experience prosecuting and filing patents before the United States Patent & Trademark Office. They also provide assistance to inventors who wish to file their own applications with the USPTO or other foreign countries’ equivalents thereof. Their attorneys have been involved in many high profile intellectual property matters, working with companies such as Apple and Amazon.