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What’s The Procedure To Obtain Patent For An Invention In Steps

Posted by Barry Choobin | Nov 01, 2022 | 0 Comments

There are several steps in the procedure to obtain patent for an invention. Applying for a provisional, design, or utility patent can sometimes feel like a long and tedious process. Fortunately, the entire invention patenting process can be broken down into five clear steps. Following these, it will be much easier to navigate the procedure for protecting original ideas. As a novel inventor yourself, you should know what's involved in drafting, filing, and acquiring a new patent application. This way, you can confidently dive into the intellectual property (IP) registration process with peace-of-mind. Read on to learn about the procedure to obtain patent for an invention in steps.

Examine Patentability

Before you move any further, you need to ensure that you are eligible to obtain a patent in the United States. To be considered for IP, your invention must meet the subject matter set forth by the USPTO. This assures that your invention is new, original, novel, and non-obvious. The invention must also possess some form of utility – meaning that it is useful in some capacity. During this stage, inventor's should obtain a patent search report, which evaluates any comparable prior art references. Naturally, this is a useful tool that accelerates the time to commercialization, lowers infringement risks, and reduces redundant research. Definitely, examining patentability is an important first step to obtain patent applications for your new invention.

Hire A Patent Lawyer

Next, hire a skilled, certified, and experienced patent lawyer Philadelphia PA to help you obtain intellectual property. There's a few mandatory steps to discover, compare, hire, and vet the best patent lawyers. Start off by asking for referrals from family, friends, colleagues, and other people you trust. Then, you can start searching for some qualified experts online. Once you have a few candidates in mind, schedule an initial consultation – where you can ask questions about their expertise, reputation, and professional experience. When making this decision, be sure to evaluate the attorney-inventor fit and trust-your-gut. Absolutely, hire an expert, professional attorney to obtain patent for an invention in the US.

Get Your Documents In Order

At this point, it is time to get all of your patent acquisition documents in order. There's of important, necessary documents needed for patent acquisition. For a start, you'll need a recent copy of your abstract, process background, and overall invention summary. You should also provide the USPTO with an in-depth, thorough summary of your invention's utility. If you have any other conclusions or patent search report results, you can also attach these documents. Indeed, gathering and organizing your documents is a crucial step in the procedure to obtain patent for an invention.

Pay The Required Fees

Now, you are ready to pay the required fees for obtaining a patent for a new, novel invention. Patent filing can be pricey. If you are concerned about costs, consider hiring a flat-fee online patent attorney to acquire your IP. These lawyers set affordable, straightforward, and predictable rates for their services. Still, you'll need to pay government filing fees to the USPTO. Additionally, you'll need to pay for patent maintenance funds – depending on the type of application you secure. Surely, paying the required fees is crucial to obtain a patent for your invention.

Publish Your Patent Application

Once approved, you can officially publish your new patent application. After your application is accepted by the USPTO, it will be published automatically. This means your invention can readily be searched-for and founded on the US Patent Office's website. If you requested an early publication date, this can be processed as well. Speak with your patent attorney if any other steps are needed at this time. Then, you can focus on commercializing and profiting from your newly-protected idea. Certainly, publication is a crucial step in the obtain patent process.

There are several important steps to obtain design, provisional, or utility patents for an invention. First and foremost, give yourself time to examine patentability and originality. This can easily be done with the help of an expert prior art reference and patent search firm. From here, you should hire a professional patent acquisition lawyer. Then, start working to get all of your necessary documents in order. Once you've done so, organize your finances and prepare to pay the required fees. Afterwards, you can await approval and get ready to publish your patent application. Follow the points above to learn about the procedure to obtain patent for an invention in steps.

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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