If you have developed an invention or improvement of existing devices, done your research and built a prototype, it’s time to think about protecting your idea. This requires obtaining a patent from the United States Patent and Trademark Office (USPTO). A patent grants the “right to exclude others from making, using, offering for sale or selling” the invention or innovation, says the USPTO.
Qualified innovations
For your idea to be patentable, it must meet certain criteria. Can you patent a device or original design. It is also possible to patent new combinations of technologies or enhancements to existing things and patented. Some software can be patented as can genetically modified organisms. To be patentable, innovation has to have a function or a specific use. There are things that are not entitled to a patent. You can not get a patent on things that occur naturally, nor can patent a scientific discovery.
image source: fwpatentattorney.com
Patent agent / attorney
Obtaining a patent is a complex process, so you should hire a Fort worth patent attorney, preferably one approved by the USPTO. A patent agent / attorney combine technical expertise with knowledge of patent law. He can help with necessary patent searches and prepare your application. The first thing you and your patent agent / attorney will have to do is file a provisional patent application. The provisional application protects your claim as an inventor for 12 months, giving you time to complete the patent application and approval process.
Patent Search
A patent search is actually two studies. The first is a general search just intended to determine that your idea is not patented. You can do this in person on file with the USPTO in Arlington, Virginia, or can carry out this preliminary research online. Therefore, review the details of your invention with your patent agent / attorney and then perform a thorough investigation of related patents. The goal here is to identify which elements of your invention already covered by other patents that are new, and therefore patentable.
Application
A patent application consists of four sections. The first is the presentation of “art”; that is, any relevant patented technology. The following is a summary of the invention and the “preferred embodiment.” This term simply means the design of its proposal for his invention. Section 4 (“Claims”) is the heart of your patent application. This explains exactly what your invention and how. You can include detailed diagrams, test results and technical descriptions.
Reviews
Most patent applications are rejected the first time they occur. Patent examiners of the USPTO review applications and try to identify areas that require clarification or expansion. That’s why a experienced patent attorney from Fort worth patent attorney law firm is recommended to review and forwarding the patent application. Once approved, all you have to do is pay the fee and patent your invention is patented for 20 years. You have to pay maintenance fees to the USPTO to maintain protection of patents in force.
