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A Guide To Filing Utility Patent Applications Online

Posted by Barry Choobin | Jan 04, 2024 | 0 Comments

Explore a complete guide to filing utility patent applications online. USPTO is responsible for examining patent applications and issuing patents. Utility Patent offers patent holders limited property rights, excluding others from using, executing, or importing ideas about the invention. An oath of declaration, descriptions, claims, necessary drawings, and examination fees are some of the key factors to look out for while filling utility patents online. As a first-time inventor, the utility patent application can be a complex legal document. You can submit the application for yourself or with a co-inventor. File the utility patent application with the help of an experienced patent attorney in New York. Read on to understand how to file a utility patent application online without making any mistakes.

Identify The Background Of Your Invention

Identifying the background of your invention is an important factor while filing utility patent applications online. The background of the invention should explain what field the invention belongs to, what problems the invention solves, and other similar inventions already exist. The background of the invention should be short and to the point. This usually contains two discrete subsections – Field of Use Statement and Background of the Prior Art. Note that the focus of the background should be on the prior invention issues. Point out some of the shortcomings of the prior art, rather than mentioning how those get solved by your invention. Carefully fill in the background of your invention while applying for a utility patent online.

Keep Your Invention Classification Simple

Keep the invention classification simple while filling utility patent online. The USPTO office uses the background details to classify your invention. Keep these sections simple and strategic to increase the likelihood of getting the patent granted. Start the section with a general statement about the field of invention followed by being specific to the field of invention. Don't disclose how the invention really works, rather mention some general field. Invention classification should describe if the applicant's patent fills a need and sets the stage to sell your invention. Indeed, keep the invention classification simple for smooth processing of the online utility patent application.

Meet Utility Patent Application Requirements

Explore the requirements before submitting the utility patent applications online. For the U.S. Patent and Trademark Office to grant the utility patent, the online application should meet utility requirements (also known as usefulness). There are two types of utility requirements – specific utility and substantial utility. Former relates specifically to the invention and how well it works compared to other inventions in its field. Whereas, substantial utility requires the inventions to be novel, statutory, not obvious, and useful. Explain how the invention is useful in your online patent application for USPTO to accept the application. File the patent application within 12 months of sharing information about the invention. Determine to meet the utility patent application requirements before filling in utility patent applications online.

Follow The Utility Patent Filing Process

Follow the utility patent filling process to fill out the application online. Filling a utility patent application for an invention doesn't mean the patent is or will be granted. Online patent applications comprise of a complete form (Form No. 1) called “Request for the Grant of a Patent” and specifications. All applications are examined thoroughly to ensure that they meet the requirements set out in the legislation (Patents Act 1992). You can file a patent application online on behalf of yourself or your co-inventors. Patent applications require both technical and legal expertise and even a small mistake can compromise the value of your patent. So, file your patent application by yourself or find a patent attorney agent. Include all relevant references from the prior online search along with your own claims to differentiate your invention. Ensure to follow the utility patent filling process properly to fill out the application online.

Choose An Experienced Attorney For Utility Patents

Next, choose an experienced attorney for filing utility patent applications online. Ask your attorney directly about his USPTO registered license credentials to verify. Find out about your attorney or firm, they must have a proper setup for sending notifications and reminders timely. Staying on top of the deadline is an important part of an attorney's duty. You should ask your attorney what they are offering you and compare it with the market. In fact, ask attorneys about fixed fees and pricing packages. Considering the points, you can choose a trustworthy, strategic approach attorney who can get your patent granted. A responsive to queries and accessible attorney is always highly valued. Comparing your attorney and its services always gives you a big picture of choosing an experienced attorney for filing a utility patent attorney.

Start Pre-Prosecution And Application Prosecution

Lastly, start checking for pre-prosecution & application prosecution for utility patent filing California. Once the USPTO receives your patent application, they review for formalities and completeness of your application. Contact your attorney for more information about the last date or extended date of your application correction. Or you may prefer the manual of utility patent application examining procedure (MPEP) § 506. To receive a timely response, keep your correspondence contact information up to date so you won't miss anything important. Remember, if you miss the specific date of omission correction within the given time. Your utility patent application will be abandoned. Indeed, keep your eyes on pre-prosecution & application prosecution so as not to make any mistakes in filing utility patent applications online.

Filing a utility patent application online follows a straightforward, easy, and secure process. First, explain what field the invention belongs to, what problems the invention solves, and what other similar inventions already exist while identifying the background of the invention. Once you have a background, make sure the invention meets all utility requirements. After that, file your online patent application by yourself or hire an experienced patent attorney. Lastly, review the pre-prosecution & application prosecution so that you don't make any mistakes to exceed the final application filing date. Follow the above guide to properly file a utility patent application online.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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