What is the procedure for getting a patent?
Author: Elsie Ivins
Website: http://www.ezInvention.com
Added: Fri, Aug 11, 2006 15:08:18
Category: Invention Questions
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Getting a patent is a time-consuming process. It takes about five years to patent your invention completely. There are several processes involved, including filing an application with the United States Patent and Trademark Office, payment of applicable fees, and responding to Office Actions.
Filing an Application:
This is the first process you will deal with in getting a patent. You and your patent attorney will begin to draft a patent application. It generally has two parts: (1) the detailed specifications and (2) the patent claims.
The first part will serve as the proof that you actually know how to build and use the invention. Although there is no requirement that you need to present evidence that you actually constructed a prototype, the written specifications must be thoroughly detailed. This is so that even an ordinary designer in the field of your invention would be able to understand the specifications and make use of them without further input from you. The second part defines the scope of the invention.
First Office Action:
Once you have prepared all the required paperwork and filed your application with the Patent and Trademark Office, it will be reviewed by a patent examiner trained in the field of your invention. You will be receiving a letter asking about your application or possibly requiring you to make changes to your application. These are called Office Actions. It is a must that you respond to these by making the requested amendments to your application. You can also argue with the examiner about the objections specified in the Office Action. This process usually last six to eight months.
Second Office Action:
Upon finishing the review of your response to the first Office Action, the examiner has the option to send you a second Office Action or immediately issue the patent. Second Office Actions usually happen when new problems arise from the response that you make to the first Office Action. Once the examiner received your response to the second Office Action, he must either issue a patent or reject your application. In case of rejection, you can make an appeal to the Patent Office. This process takes two years to complete.
Issuance:
Once the patent examiner is satsified with your application, you will be required to pay the issuance fee. After paying this fee, you will have exclusive rights to your invention.
keywords: Invention | Inventor | Patent | Patent and Trademark Office About the Author:
Elsie Ivins answers frequently asked invention questions at PrettyGreatAnswers.com.
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