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An Inventor’s Guide To Non Provisional Utility Patent Filing California

Posted by Barry Choobin | Feb 17, 2021 | 0 Comments

Novel inventors can follow several key steps to navigate the California non-provisional utility patent filing process. A full utility patent will give you exclusive rights to prevent others from using, manufacturing, or distributing your protected invention. Once obtained, this form of intellectual property protection will grant you patent rights for up to twenty years. Of course, the patent drafting, filing, and prosecution is notoriously difficult.

To help you simplify these procedures, there is a straightforward, structured process to help you obtain your IP rights quickly. Read on to learn about the inventor's guide to non-provisional utility patent filing California.

Hire A Trusted Patent Filing Agent

Firstly, you will want to look for and hire a USPTO registered California patent agent. While you can theoretically file a patent by yourself, the process can be greatly simplified with the help of a professional agent. When searching for an agent, be sure to look for look for a trusted professional with years of industry experience and a vast patent database.

At the same time, you should read some online reviews and testimonials from previous clients. This way, you can get an accurate understanding of filing costs, client support, and overall value offered. Certainly, hiring a trusted agent is a key step to obtain your non-provisional utility patent in California.

Obtain A Patent Search Report

After you have chosen a professional agent, you will need to obtain a patent search report. A search report will provide you a comprehensive list of all current, as well as pending patents that are similar to yours. Of course, this will give you a better understanding into whether your invention truly is new, novel, and non-obvious. This way, you can prevent spending money protecting inventions that are not patentable. Naturally, this often improves the written quality of your final application.

To ensure that these comprehensive reports are readily available and affordable to inventors like yourself, you can order a patent search report online. If you have plans of protecting your idea internationally, you can even obtain a patent search than encompasses European and International prior arts. Surely, obtaining a search report is a key step to obtain your non-provisional utility patent in CA.

File A Provisional Patent

Depending on the results of your expert search report, you may want to consider provisional patent filing California. Obtaining a provisional patent will provide you a one-year “Patent Pending” pendency, which signifies that your invention has been disclosed. Of course, this provides you twelve months to assess the commercial viability, industry competition, and profitability for your invention. In addition, obtaining a provisional application helps you establish an official filing date with the United States Patent and Trademark Office.

If you are interested in this type of protection, you can work jointly with your utility patent agent to access a faster preliminary process with lower costs. Absolutely, obtaining provisional protection is a key step to safeguard your invention.

Submit Your Utility Patent Application

Now, you are ready to apply for a full, non-provisional utility patent California. Once obtained, this powerful application will provide you legal intellectual property rights for up to two-decades. Of course, this will often be the most expensive phase of the patent filing process. In most cases, you can expect to pay up to $3,000 to professionally obtain your application. In exchange for this fee, you will receive expert handling of your specifications, drawing, abstract, as well as additional IP claims.

To submit your application seamlessly and quickly, you should submit your application directly through your agent's website. To do so, simply fill out an invention disclosure form (IDF), non-disclosure agreement (NDA), along with your basic contact information. Then, you are ready to enter your payment information and await response from your agent. Indeed, preparing to submit your utility patent California is a key step to obtain your IP protection.

Await Office Action Response

Once your patent application is submitted, all that's left is to await office action response. During this process, your examiner will review the contents of your application to determine if it is eligible for patentability. If the USPTO examiner does not believe your invention meets the qualifications, they will outline the reasons in a professional office action document. Then, your patent agent will recommend strategic application amendments, or argues the examiners objections altogether.

If your application is rejected a second time, your patent agent may recommend appealing the examiner's decision. In order to do so, they will have to take up action with the Patent Trial & Appeal Board (PTAB). At this point of the California patent filing process, you are ready to await office action response.

There are several comprehensive steps for non-provisional utility patent filing in California. Firstly, hire some professional, USPTO registered California patent drafting services. After selecting your agent, you need to obtain a current search report. Then, consider the benefits of filing a provisional patent on your invention. Now, you are ready to prepare and submit your utility application. At this point, you are ready to await office action response from the USPTO. Follow the steps highlighted above to learn about the inventor's guide to non-provisional utility patent filing California.

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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