You should consider applying for a patent if you have an invention that is popular.You can apply for a domestic patent in the United States.Applying for a domestic patent is the first step in applying for foreign patent rights.If you believe that your invention has a competitive market abroad, you should consider applying for a foreign patent to protect your legal rights.
Step 1: Determine if your invention is patentable.
It must be invented or discovered by a person, a new and useful process, machine, manufacture or composition of matter, or an improvement on an existing invention, if it is to be patented in the U.S.
Step 2: Do you know if your invention is already patented, disclosed or being used?
If your invention meets the requirements for a patentable invention, you must conduct a search to determine if your idea has already been patented.Brainstorm terms that are related to your invention are recommended by the US Patent and Trademark Office.Think about words that are relevant to your invention’s purpose, make-up, and use when coming up with terms.You can find your terms on the website of the US Patent and Trademark Office.You should use the following format for your search.The invention’s Cooperative Patent Classification (CPC) should be found through this search.Review the linked definition to make sure it fits your invention.You can search the patent database of the US Patent and Trademark Office.The first page of each patent should be skimmed to determine if it matches your invention.If there is a similarity, you should read the documents more closely and include descriptions of the intended use.Referred references should be paid close attention to.If you don’t find any similar inventions in your initial search, you can perform a key word search on theuspto.gov website.You can find more databases at http://worldwide.espacenet.com.Your foreign patents must define an invention that is “new and non-obvious” with respect to any invention already disclosed in a publication or in public use anywhere in the world.The easier it will be to pursue your own patent if you learn more about related inventions.
Step 3: A patent lawyer is needed.
You should hire a patent lawyer once you have found no matching patents.Significant paperwork, legal knowledge of patent law, and experience are required for the filing of domestic and international patents.You should hire someone who has previously applied for a patent if you want to complete the filing yourself.The attorney should be able to streamline the process, ensure that you don’t miss deadlines, and prepare your paperwork so that it meets the requirements.There is a list of registered patent attorneys here.
Step 4: Determine if you are filing a non-provisional application.
A provisional application is a place where you begin to protect your invention before it’s fully evaluated.The application is not evaluated for patentability.You will need to file a non-provisional application within one year of filing a provisional application.If the application is not timely referenced, it will be discarded.If you don’t know the commercial value of your invention, but you want to protect it, a provisional application may be right for you.If you want to file a non-provisional application to obtain an actual patent, you have a year to decide if it’s worth it.If you have already determined the commercial value of your invention and intend to move forward with the production of the product, you should apply for a non-provisional patent and save yourself the time of completing two applications.
Step 5: A patent application can be drafted.
It is possible to delay filing for a U.S. patent if you publicly disclose or use your invention.It is possible to say that you have a patent pending.You don’t need a formal patent claim, oath, declaration, or information disclosure statement to file a provisional application.A description of the invention must be included in a patent application.There are drawings needed to understand the invention.The names and residences of all inventors, the invention’s title, and the name and registration number of any registered attorney/agent working on the application are provided in a coversheet.The application filing fee can be found at: http://www.uspto.gov.The coversheet can be found at: http://www.uspto.gov/patent/forms/form-patent-applications-filed-or-after-september-16-2012.
Step 6: A non-provisional patent application should be drafted.
There is a search of “prior art” and examination of your claims with respect to the search results of a non-provisional patent application.A patent will be issued if the requirements are met.A Utility Patent Application Transmittal Form is required in order to submit a complete non-provisional patent application.There is a Fee Transmittal Form that must be filled out with the application.A signed Application Data Sheet has inventor and/or applicants information, an address for correspondence, a description of the domestic benefit, and any foreign priority or assignee information.If applicable, a certification of small and micro entity status.If you qualified as a small and micro entity, you need to submit one of the following forms: certification based on gross income or institution of higher learning.Specification documents describe the invention and how it is used.The full list of requirements can be found at: http://www.uspto.gov/web/offices/pac/mpep/s608.html.There are drawings that are needed to understand the invention.The inventor’s oath or declaration that states the application was made by or on behalf of the inventor, that the invention is believed to be an original invention, and an acknowledgement that any false statement is punished by imprisonment.In most cases, the inventor must sign the document.There is a link to patent forms at theuspto.gov.
Step 7: You can file your patent application with the US Patent and Trademark Office.
There are two ways to file a non-provisional application for a patent.The documents must be in PDF format.You can register for the system, file your documents, and pay your fees online at http://www.uspto.gov/patents-application-process/applying-online.You can mail your application and fee to the Commissioner for Patents.Box 1450 is in Alexandria, VA.You can get the “filing date” as of the date your application is deposited into the US mail if you use US Priority Mail.
Step 8: There is a 12-month deadline for filing an international patent under the Paris Convention.
The treaty allows member countries to file a single international patent application that would be recognized by the other 148 countries.You can claim your original filing priority from the US application date if you apply under the Paris Convention.To claim the full priority of your earliest filing, this application must be filed within twelve months of the date that you applied for a patent.If you miss the one-year deadline, but your US patent has not yet been issued, you may still be able to preserve your patent rights to the extent no other applicants have filed, published or publicly used any “Intervening art” that compromises your claims.
Step 9: Check deadlines in foreign countries.
Once youTrademarkiaTrademarkia, you will have between 18 and 30 months to amend and file your patent in individual countries.This is called “nationalizing” your patent and is discussed below.You should be aware of the deadlines so that you can plan your patent application timeline accordingly.Failure to file on time may affect your patent rights in other countries.You can find a list of country-specific deadlines for nationalizing patents at: http://www.wipo.int/PCt/en/texts/time_limits.html
Step 10: The patent application should be drafted.
A number of documents and information are required for the application to be deemed complete.If you want to apply for a patent, you should consider hiring an attorney that specializes in patent law.The form that sets forth the requirements of the application must be included in your application.The inventor’s choice of which international searching agencies he or she wants to conduct the international patent search is included in the request.The form can be found at: http://www.wipo.int/PCt/en/forms/The following parts should be included in the description: technical field, background art, disclosure of invention, brief description of drawings, best mode for carrying out the invention and industrial applicability.Technical drawings, perspectives, sections, cross-sections, and other diagrams are included in the Drawings section.The application has to be in PDF format and on paper size A4.The minimum resolution for all documents is 300dpi.
Step 11: You can file a patent application.
The International Bureau of the World Intellectual Property Organization (WIPO) can be used to file a patent application.In case of transmission difficulties, you can fax to 912 10 10.The original document must be forwarded to the address listed below.The International Bureau of WIPO can be delivered by mail or hand.Residents and nationals of the USA can file an application for a patent in the International Bureau of The United States Patent and Trademark Office.
Step 12: You have to pay required fees.
You have to pay the required fees in order for your patent application to be reviewed.It is possible to pay the fees in Swiss Francs, US dollars, or Euros.There is a list of required fees at: http://www.wipo.int/PCt/guide/en/gdvol1/annexes/annexc/ax_c_ib.Application fees can be paid with a credit card, bank transfer, or check.
Step 13: Wait for the international patent search to start.
Once you have submitted your application, one of the international patent search companies will perform a patent hunt and write a report on the patentability of your invention.If your patent is accepted, your application will be published.You can withdraw your application.
Step 14: Take your foreign patent and nationalize it.
Once you have submitted your application and received a favorable opinion on patentability, you need to nationalize it in any country that you want to grant you a patent.If you want France and China to grant you a patent, you must submit your application to each of those countries.You can request a preliminary international examination prior to nationalizing your application.When you must nationalize your application, each jurisdiction has specific deadlines.You have to file your application before the deadline.You will have to pay a fee, submit some documentation and possibly translate your application for nationalization.If you are looking for patent protection in a country that has different rules, it is wise to hire a local attorney.Your U.S. attorney should be able to set up this arrangement and work with local lawyers to make sure the application is filed correctly.You want to nationalize your application if you have expected sales of your invention and the risk of local competition.The cost for nationalization can range from $4000 to $7000 per country.
Step 15: Enforce your patent.
If someone makes, uses, sells, or imports your invention without your permission.This is patent violation.You need to nationalize your patent in the foreign jurisdiction where it was made, used, sold or imported to get the right to file a lawsuit.Not all countries have the legal mechanisms in place to enforce a decision to allow a patent lawsuit.The North American Free Trade Agreement (NAFTA) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) are both international treaties that have provisions to enforce patents.If a country is a party to the treaty, then these treaties are relevant.Ask your domestic attorney to speak with the local attorney who you used to nationalize your patent.They can help you bring a patent enforcement case.If you don’t pay the periodic fees you will lose your patent rights earlier than 20 years.