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.
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.
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