Process for Filing for Patent Protection - Explained
USPTO Patent Filing Requirements
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What is the process and information necessary for securing patent rights?
Obtaining a patent requires submitting a patent application and filing fee to the USPTO. There are no common law or state patent protections. A patent attorney at the USPTO will review the application to make certain that the intended patent meets all requirements. Notably, the applicant must file the patent application within one year of publicly disclosing the invention (including presenting or selling it) to meet the novelty requirement.
The various elements required in a patent application are discussed below:
Next Article: What is a Provisional Patent? Back to: INTELLECTUAL PROPERTY
What is the Patent Preamble?
The preamble contains the Name of Applicant, Title of the Invention/Design, and Description of the Creation. A utility patent may require background information about the invention or creation process. This section contains what is commonly referred to as the specification(s), which describes how the underlying invention or design will be used. In a utility patent, the applicant will give a detailed description of the invention. It should describe the utility of the invention and how it is differentiated with regard to other art in the field. The applicant will also describe the best mode of production of the invention. This section may also include references to or elaborate upon the description of the individual portions of the drawings.
Note: The detailed description should provide sufficient information to allow a person skilled in this type of invention (PHOSITA) to use or employ the invention. The PHOSITA should not have to undertake much work or further study to employ the creation.
What are the Cross-References in a Patent Application?
Often a patent builds upon existing art or patented designs. If this is the case, the application should include a citation to any Cross-Referenced Patents.
What are the Figure Descriptions in a Patent Application?
These are descriptions of referenced sections of drawings of the claimed invention or design.
What are the Claims in a Patent Application?
The claim is the claimed aspects of the creation or design that is the subject of the patent application. Utility patents will generally contain multiple claims targeting specific aspects of the invention. In a design patent application, because the entire design (including all individual components) is considered in the design application, only one claim is allowed.
What are the Drawings and Images in a Patent Application?
A patent application should include detailed drawings of the claimed invention or design. This is very important for the patent examiner to determine whether the claimed invention or design is patentable, as this is what makes it patentable subject matter. The applicant should include as many views (perspective, section, cut away, detail, etc.) of the item as is needed to thoroughly describe each portion of a claim, number each portion of the invention, provide its source (prior patent reference), and provide a brief description of it.
What is the Oath or Declaration in a Patent Application?
Lastly, the application must contain a statement certifying that the petitioner is the claimed inventor or designer, as these are the only individuals who can secure patent protections.
What are the Patent Fees?
The patent application generally requires a filing, search, and examination fee. Once the application and fees are received, the USPTO patent examiner will conduct a search for previously filed patents or applications. The purpose of this search is to determine whether the particular creation exists or has been previously disclosed to the public, as the previous creation or disclosure of the invention may disrupt the ability to secure patent rights. If all conditions are met and the search does not return conflicting patent claims, the USPTO will grant the patent and the patent will be recorded in the federal database. The patent owner must make annual maintenance filings and fees to maintain the patent.
What do you think about the elements required of a patent application? Why do you think these elements are specifically required? Can you think of other aspects about the invention that could be relevant to determining whether patent rights should be awarded.
Garth is considering filing a patent application to protect his new invention. Can you explain to him the elements of the patent application?
- Intellectual Property Law (Intro)
- What is Intellectual Property?
- What is the purpose in granting intellectual property rights?
- What is required to capture or secure intellectual property rights?
- California Labor Code 2870
- What are Trade Secrets?
- Non-Disclosure Agreement
- Patents or patent rights?
- Letters Patent
- Primary types of patents?
- What Can I Patent?
- Requirements for a valid patent?
- Can your Invention be Patented?
- What is a Patentability Search?
- When is a Patentability Search Necessary?
- Why is a Patent Search Important?
- Requirements for a design patent?
- How to Do a Design Patent Search
- Cost of a Design Patent
- Requirements for a utility patent?
- Why Do You Need a Utility Patent?
- Plant Patent?
- Process for securing patent rights?
- Patent Search
- Basics of Doing a Patent Search
- 5 Rules for Effective Patent Searches
- What are Patent Databases?
- Tools for Patent Searches
- DIY Patent Search
- Understanding Patent Keyword Searches
- Patent Searches for Software
- Doing a European Patent Search
- WIPO Patent Search
- Cost of Doing a Patent Search
- Patent Search vs Patent Analysis
- Structure of a Patent
- Patent Filing Date
- Patent Attorney
- Do You Need a Patent Lawyer?
- Applying for Design patent
- Provisional Patent?
- Applying for Provisional Patent
- Doing a Provisional Patent Search
- How to Draw Up a Provisional Patent
- Converting a Provisional Patent to a Non-Provisional Patent
- What Does Patent Pending Mean?
- Process for enforcing ones patent rights?
- Patent Infringement
- Patent Troll
- What is a Trademark?
- Types of trademark?
- Requirements to capture trademark rights?
- Distinctiveness requirement for a Trademark?
- Determining whether a trademark is sufficient distinctive?
- What is Federal Trademark Registration?
- Conducting Trademark Search
- Should I Conduct a Trademark Search?
- Trademark Application
- Drawing a Trademark
- Filing for federal trademark registration?
- Protections of trademark rights under state law?
- Primary reasons for rejecting a trademark application?
- Common trademark designations?
- Trademark infringement?
- Enforce trademark rights?
- Demonstrate infringement of a trademark?
What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?
- What international protections exist for intellectual property rights?
- Paris Convention