Patent Application Basics

After you receive the patentability opinion, you will want to consider filing a patent application to protect your invention.  A patent application includes an abstract, a specification, at least one claim, a Declaration, a filing fee, and usually at least one drawing.   It is generally recommended to hire either a patent attorney or a patent agent to prepare your patent applications.  There are also numerous patent application parts you should be aware of prior to filing a patent application.

The most important part of the patent application is the Claims, which describe the scope of coverage that the inventor is attempting to receive from the United States government.  An experienced Patent Attorney is typically required to receive the most preferable patent coverage for your invention.  Adequate patent coverage ensures that potential infringers will be prevented from making, using or selling your invention even if they make a slight modification.  We also have associates in most foreign countries if you need to file for foreign patent protection.

Patent Prosecution

After filing the patent application with the USPTO, an Office Action from the USPTO will usually be received within 8 to 14 months.  Typically, the USPTO will reject some or all of the Claims of the patent application depending upon whether the USPTO Examiner believes it would have been obvious to create your invention in view of the prior art located by the Examiner.

It is then necessary to argue that your invention is patentable based upon the differences between the invention and the art cited by the USPTO Examiner.  Legal arguments and decided case law may be used to refute the Examiner's position.  A telephone interview with the Examiner may also be arranged to find agreement on any issues of dispute.

LEGAL DISCLAIMER: This web site provides general information only, not legal advice. You should not act upon this information without independent legal counsel. You must read and agree to the Terms of Service before viewing this web site. The NIFC is not associated with any Federal or State government agency.  If you have been harmed by an invention marketing company or patent attorney, you should immediately seek the legal assistance of a reputable attorney licensed in your state.  Michael S. Neustel is licensed to practice law only in North Dakota and in the United States Patent & Trademark Office.  Michael S. Neustel is the owner of Neustel Law Offices, LTD and Neustel Software, Inc.   Statements made in this web site are merely opinions of the National Inventor Fraud Center, Inc. and should not be interpreted as factual.  Neither Michael S. Neustel nor the NIFC market inventions, provide market analyses or provide marketability analyses for inventors.  You are strongly encouraged to investigate any company or law firm you plan to work with and do not rely solely upon this web site when selecting a company to work with. Only you can determine if the companies listed on this web site are reputable or not.

Copyright 1998-2021 National Inventor Fraud Center, Inc. All Rights Reserved.