Patent Preparation

Since you understand your inventions better than anyone else, optimal results can be obtained through a close collaborative relationship between attorney and client, beginning with the drafting of the patent application and continuing through the prosecution of the application in the U.S. and foreign patent offices. If you are unfamiliar with the patent process, the process involves the following steps:

Drafting the U.S. patent application. In return for granting to an inventor the exclusive rights to his/her invention, the law requires that the inventor file an application with the U.S. Patent & Trademark Office (USPTO). This is a detailed document that describes what the invention is, how the invention is made and how the invention is used. The application concludes with a series of “claims” that define precisely the subject matter for which the inventor is seeking legal protection. Since proper drafting of the application may ultimately determine the scope of legal protection you obtain for your invention, Patent attorney or a patent agency, such as InventHelp, will work closely with you on the preparation of this document.

Filing the U.S. Patent Application. Filing fees will be due to the USPTO at this time. The fees vary, depending, e.g., on the number of claims in the application. If you file as an individual or a small business entity (e.g., less than 500 employees), and have not sold or licensed your invention to a large company, you may be entitled to pay filing fees at half the normal amount.

Prosecuting the U.S. Application. After the application is filed, it will be assigned to an examiner with special expertise in the technical area of the invention. After examining the application, the examiner will issue an “office action”, indicating whether he/she has any questions as to whether the claimed invention is sufficiently novel to be considered patentable and whether the application document meets the formal requirements of the patent statute. After discussing the office action with you, attorney will provide an appropriate response to the USPTO, which might include amending the application or claims, or addressing any questions the examiner has concerning patentability of the invention or sufficiency of the application as explained on article.

“Prosecution” of the application typically involves a series of these office actions and responses, until the examiner decides to grant you a patent or issues a final rejection. If the examiner issues a final rejection, you have the option of filing a continuing application, which allows you to continue the dialog with the examiner, or filing an appeal to the U.S. Patent & Trademark Office Board of Patent Appeals and Interferences. Patent attorney can provide you with expert advice on the best course to pursue.

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