I heard there was a way to speed up the patent process. If your idea is needed or could help people live better. Is this true? Please log in again. The login page will open in a new tab. After logging in you can close it and return to this page. About Latest Posts. Kathleen Kuznicki, Patent Attorney. Kathleen Kuznicki is a patent attorney focusing on providing legal services to small and mid-sized business, giving them top-tier quality legal work without the large firm price structure.
Kathleen works with businesses to protect some of their most valuable assets, their intellectual property. Latest posts by Kathleen Kuznicki, Patent Attorney see all. Click to rate this post! Total Votes: 7 Average Rating: 4. Kathleen Kuznicki, JD. Robert Peterson says:. April 23, at pm. April 24, at pm.
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April 19, at pm. John F. Dini says:. Search to see if your invention has already been publicly disclosed You cannot get a patent if your invention has already been publicly disclosed. Therefore, a search of all previous public disclosures should be conducted. A search of foreign patents and printed publications should also be conducted.
Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention? Additionally, the USPTO maintains several other legal assistance resources and programs for independent inventors, entrepreneurs, and small businesses. I want to file myself - learn more about filing Pro Se It is possible, though difficult, for you to conduct your own search: How to Conduct a Preliminary U.
Patent Search requires an understanding of Patent Classification systems. Step 3 Inventors Assistance Center. There are three types of patents - Utility, Design, and Plant. General Information Concerning Patents Utility Patent Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. Applying for a Utility Patent Maintaining your Utility Patent Biotechnical Sequence listing Validation and Authoring tools Business Method Patent issues Design Patent Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
Plant Patent Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Step 4 Patent Electronic Business Center. Inventors Assistance Center.
Application Assistance Unit. Staff in the Application Assistance Unit are trained to answer questions about the pre-examination processing of patent applications and the post-examination processing Patent Cooperation Treaty. The PCT makes it possible to seek patent protection for an invention How much is this going to cost? Do you need International protection? Utility and Plant patent applications can be filled using either a provisional or nonprovisional application.
A provisional application is a quick and inexpensive way for inventors to establish a U. Most inventors employ the services of registered patent attorneys or patent agents Additional info on Attorneys and Agents Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention?
I want to file myself Pro Se. Step 5 Patent Electronic Business Center. Contact Patents. Information about Application for Patent Submit your initial application with all the required parts needed for obtaining a filing date and include the correct fee. Very basic tutorial on Filing a New Application online - Some sample documents, what must be submitted to get a filing date, documents that are also often included in a new application, etc.
How to access our online filing and application status systems View the Quick Start Guides and Indexing Guides for basic online filing directions See also resources for filing for a patent online. First time online filers may also contact the Patents Electronic Business Center for assistance. In the context of the above chart, it is not enough to simply conceive of an anti-gravity device to move heavy objects, you must know how such a device could actually be implemented. Once you know how to implement it, you can file a patent application that describes the invention in such detail that another person of ordinary skill can implement your invention.
It is not necessary to actually build your device since you can file for patent protection before or after you implement your new invention. As explained immediately above, you do not need to build a device before you file for patent protection as long as you can describe the invention sufficiently to enable someone else to make the device.
Nonetheless, it is important not to file the application before you know your invention will work. If your invention is a physical device, and you are not positive that the device can be made the way you envision it, then it may be wise to attempt construction of the device before spending your money on a non-provisional patent application.
As explained in the guidance provided on Should I file more than one provisional patent application? Call us. We can help. Contact me for a free initial consultation. These pages provide guidance on filing a patent application with the United States Patent and Trademark Office.
What will it cost? When should you file? Is your invention valuable? Should you search? Should you file a provisional? What is a section ? If you filed a provisional patent application, your application will not be examined by a patent examiner, instead you will have 12 months to file your non-provisional patent application.
If you filed a regular non-provisional patent application, the average wait time according to the USPTO is 17 months for your first office action and 24 months to get your patent. The time it takes the USPTO to examine and grant or reject your patent application depends on many of the factors we will list below. After filing your patent application, the length of time it takes for the USPTO to grant your patent varies significantly. Some technology groups have longer or shorter wait times than others.
Some technology groups tend to have more patent applications in queue than other technology groups and the patent applications that are assigned to the technology units with more patent applications will wait longer to have a patent examiner exam the application and ultimately issue the patent.
If you file a provisional patent application instead of the regular utility patent application, the USPTO will not place your application in the examination queue.
While provisional patent applications are not examined, they do not mature into patents. For example, if you filed your provisional application on January 10, , you will have to file your non-provisional application by January 10, If you filed a non-provisional patent application within 12 months of filing your provisional application, you will have to add 12 months to the wait times we mentioned above, so instead of your patent application taking 24 months, it will take 36 months from the date you first filed your provisional patent application.
Only utility patents and plant patents are eligible for this prioritized service. That said, the USPTO claims that it is currently able to provide a final decision in some circumstances within only 6 months of filing your non-provisional patent application and being accepted to One Track.
Although skipping the line to get your invention prioritized sounds like a great idea, it comes at a large cost. Remember that getting accepted into the Track One program is not automatic and the spaces are limited to 10, applications per year. Currently, to get a patent using one track, you will have to wait approximately 2. Always remember that your application may take a long or shorter time depending on your unique case.
While your waiting for the USPTO to hopefully approve your application, you can use, make, sell, and license your product or invention.
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