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A Complete Guide To Intellectual Property Filing And Registration Process

Posted by Barry Choobin | Oct 05, 2022 | 0 Comments

Before obtaining their first patent, inventors have a lot to know about intellectual property (IP) filing and registration. The prospect of drafting, submitting, and acquiring IP assets is incredibly exciting. However, the entire process can also seem confusing, complex, and daunting. As a new inventor yourself, you should know the steps involved in protecting your novel work. This way, you can dive into the patenting process with confidence and peace-of-mind. Read on to learn the complete guide to intellectual property filing and registration.

Recruit A Patent Agent

The intellectual property filing process begins with hiring a knowledgeable patent agent Las Vegas Nevada. You want to find someone with a professional background, versatile track record, and high success rate. Nowadays, you can even work with an agent entirely online – completely removing geographic boundaries and restrictions from the equation. This way, you can recruit talented, skilled, and expert IP filing support from all over the United States. When hiring an agent, schedule an initial consultation before the start of services. This is important to assure a strong attorney-inventor fit. Certainly, patent agent recruitment is one of the most important preliminary steps of intellectual property filing.  

Confirm Commercial Viability

Next, analyzing commercial viability is an important step in the intellectual property filing process. Before you start investing time and resources, confirm that your invention will have industry potential. You want to ensure that your idea can turn a profit and stand-out in your competitive industry. Perform lots of detailed market research and competitor analyses. Then, you can make a strategic decision on whether to move forward. If you need guidance, you can certainly involve your patenting agent. Definitely, confirm commercial viability to execute successful intellectual property filing in the United States.

Search For Prior Art References

At this point, it is time to start searching for prior art references. Speak with your intellectual property filing attorney about an advanced USPTO patent search report. A patent search scans existing, pending, and published IP – which could be considered similar to yours. These services help you reduce redundant research, lower the risk of infringement, and accelerate the time to commercialization. Plus, you'll get lots of actionable insights into competitor activity. Absolutely, search for prior art references before filing an official intellectual property application.

Choose A Type Of Application

Following a successful patent search, start thinking about the type of application to file. Inventors typically begin with a provisional patent application (PPA). This gives you a one-year “Patent Pending” status, as well as establishing an official USPTO filing date. After the expiration of your PPA, you either need to obtain a design or utility patent – if you are looking to continue protection. Design patents are mainly for inventors looking to safeguard their invention's visual, ornamental characteristics. If you want to protect your idea's actual functionality, a full utility patent will be required. Commonly called non-provisional patents, these IP assets offer protection for up to twenty years. Indeed, choose a type of patent during intellectual property filing.

Submit Your Application

Undeniably, application submission is one of the most mission-critical steps of intellectual property filing and registration. Your completed patent application needs to be properly submitted – along with several other essential documents. You'll likely be required to attach your IP specification, invention declaration, and application data sheet. Plus, the USPTO typically asks for drawings and transmittal forms. And of course, you need to include the necessary government filing fees. Otherwise, you risk significant delays and obstacles throughout the patent filing process. Surely, application submission is a crucial step required for intellectual property filing with the USPTO.  

There's a lot entailed in the process for intellectual property filing, submission, and registration. Kickstart the process by hiring an experienced, professional, and USPTO registered patent agent Connecticut. Next, confirm that your idea and invention is commercially viable. Afterwards, perform an in-depth patent search. From here, you can start thinking about what type of patent you'll file. Now, you are officially ready to submit your completed application. Follow the points above to learn the complete guide to intellectual property filing and registration.

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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Intellectual Property Knowledge Center

Read articles about how to best protect your intellectual property rights. Become familiar with the ins and outs of intellectual property and get your invention or business up and running.

Patent Search Reports

Provisional Patents

Design Patent Filing

Utility Patent Drafting