Simple Steps to File a Patent in USA

1. Simple Steps to File a Patent in USA The United States records the most number of patent requests each year among all the countries in the world. In 2020 alone, the USPTO granted over 650,000 utility and design patents. Are you also planning to submit a patent application any time soon? If yes, then this blog will inform you in detail about all steps you need to follow to secure a patent that offers maximum protection. #Step 1: Check Patentability When you are planning to patent an invention or an idea, start by confirming its patentability. Your invention is patentable if it falls within any one of the following categories: A machine, A process, A new manufactural product, A composition of matter, or An improvement to an existing invention. Further, do keep in mind that you don’t need a prototype to file for a patent. All you need is a well-drafted written specification with drawings. So in case you are wondering how to sell an app idea, filing for a patent and then reaching out to potential investors and buyers is a strategy that you should consider. #Step 2: Create Business Plan Preparing a business plan is crucial to your patent filing process. With a business plan in hand, you will have a clear idea about who exactly your target audience is, what is the purpose of your invention, and how useful it is to the end consumer.

2. The business plan will also help set clear goals and expectations as far as the commercial potential of your invention. Overall, with a business plan in your hand, you will be able to make a more informed decision about the patent application you should choose, which brings us to the next equally important step in your idea to patent journey. #Step 3: Choose Between Provisional or Non-provisional Patent Application Now we can all agree that the patent filing process can be both costly and time-consuming. Ideally, it would take anything between 2-3 years for you to get a patent grant. You can expedite the process by paying the early publication fee, which will cost you an additional $5000-6000. Now when it comes to the patent application, you can choose between provisional and non-provisional patent applications. What is a provisional patent application? A provisional patent application, as the name suggests, is not a patent certificate, but only an interim legal document that grants the inventor 12 months to apply for a utility patent. The provisional patent application is never reviewed by the USPTO. Think of a provisional patent as interim protection that buys inventors the time to test every aspect of their proposed idea or invention. Once the inventor is 100% assured about the novelty, uniqueness, and usefulness, he or she can apply for a non-provisional patent. The cost of filing a provisional patent is between $2000-3000. What is a non-provisional patent? Generally, when we talk about patent filing, we are referring to a non-provisional patent application. In provisional patent applications, there is no need to submit claims for the patient. It is simply a disclosure by the inventor about the idea or product. But in non-provisional patent applications, all claims have to be submitted and all formalities have to be carried out. The patent application is reviewed by a patent examiner on behalf of Patent Services USA. #Step 4: Prepare Draft for Your Patent Claims There are certain rules that you have to follow while drafting and filing your patent application. Here’s a brief overview of the things you should follow to ensure that your patent application is well packaged and claims are correctly understood by the patent examiner. Title: The title of your draft must be broad and uninventive. As an investor, you may be prompted to make it more informative and detailed. But, the rule-less is more, could not be more apt for the title. Technical Specs: After the title, you will have to describe the technical specifications. Again, the general rule of thumb is to stay away from specificity and keep the description so that it gives the examiner a clear idea of the technical area the invention belongs to.

3. Statement of Invention: When writing the statement of the invention should highlight the problem the invention solves along with the technical specification that makes the solution unique and novel Detailed Description: You should clearly define and explain at least one real-time application of the invention. This must be well supported by technical specifications, figures, and drawings. Claims: This is a very important section of your patent application. It will more or less decide the scope of the protection offered by the patent grant. The claims you seek from the patent should be new, novel, non-obvious, and fully supported by the disclosure. Along with clearly identifying the protection desired, the claim should also clearly define the essential features of the invention. You can also choose to draft the claim section first and then prepare the rest of the patent application. Abstract: This is the last section of the patent application. The purpose of the abstract is to highlight the essential technical information as well as improve the search ability and findability of the patent application. In simple words, once the patent is published by the USPTO it must be easily discoverable when being searched for. If you are not familiar with legal drafting, preparing the draft of your patent application can both be tedious and time-consuming. In the worst case, you may risk compromising the scope of your patent. That’s why hiring a patent attorney is always a wise choice to make. However, it is still important that you review the draft prepared by the attorney. You should ensure the draft perfectly defines the objective, the uniqueness, and the usefulness of your invention. #Step 5: Submit Your Patent Application Once your patent application is ready, it's time to submit it before the patent examiner. Ideally, it will take some time for the USPTO to review your patent. When the patent examiner finally reviews your patent, he will conduct independent art research to ensure that your claims are accurate and justified. Depending on the finding of the research, you will receive a formal response. In case the patent examiner feels that your invention isn’t novel or unique, then you are in your right to respond and appeal the decision. You should also file a continuity application. In case you haven’t hired an attorney yet, now is the time to do so. #Step 6: Patent Granted It is within the powers of the patent examiner to either accept or reject the patent application. If the examiner is convinced, the patent is granted in exchange for full disclosure of the invention, the USPTO will publish the details of the application to the public. Congratulations, your invention is finally patented. Final Words We have more or less considered all the steps that you need to follow to file for a patent. Please keep in mind that patents are never granted easily. It’s a long and tedious process. At times you may have to face rejection and prepare multiple back-and-forth responses to convince the patent examiner.

4. However, there is no reason to lose heart or feel dejected. Simply focus on your response and most importantly seek expert and professional advice wherever necessary. All the best! Contact us: Patent Services USA Address: 28 W Flagler Street, Suite 500 Miami, FL, 33130 Phone Number- 888-344-6836 Facebook Instagram Twitter LinkedIn Pinterest Crunchbase Builtinaustin