patent application process overview
Post on 29-Aug-2014
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Introduction to Patents
Bryan C. Bryner, Esq.
Is my idea patentable? When should I apply for a patent? How do I apply for a patent?
But first . . .
So you’ve got an idea . . .
What is a patent? What is a patent?
Written document that describes what your invention is Must be approved by U.S. Patent & Trademark Office
Patent rights granted Right to exclude others from making, using, selling,
offering to sell, or importing your claimed invention Term of Patent
20 years from date you file your patent application Ownership of Patent Rights
Inventor Assignment
Is My Idea Patentable?
5 Requirements for a Patentable Idea1. Appropriate Subject Matter2. Useful3. Novel4. Not-Obvious5. Enablement
Is My Idea Patentable? (cont’d)1. Appropriate Subject Matter
“Anything under the sun made by man” Machines / Mechanical apparatus Processes
Methods to make something Methods to use something
Composition of Matter Improvements on existing technology
Not appropriate: Naturally occurring objects Living organisms Natural discoveries Perpetual Motion Machine
Is My Idea Patentable? (cont’d)
2. Useful Capable of being useful to mankind Very easy requirement to satisfy
Is My Idea Patentable? (cont’d)
3. Novel Means “New and Never Done Before” Only applies to what you claim is your invention
(described in the claims) How to check if your idea is “Novel”
Issued Patents Magazines & Scientific/Engineering Journals Existing products for sale
Is My Idea Patentable? (cont’d)
4. Not-Obvious Even if idea is Novel, it can’t be just an obvious
change How to check if it is obvious
Somebody with technical experience would think of making the change; OR
Two or more written sources (patents, magazines, articles, etc.), when considered together, would lead somebody to make the change
Is My Idea Patentable? (cont’d)
5. Enablement Idea must be developed enough that you can
describe it in sufficient detail to enable somebody with technical skill to make and use the invention
Requires detailed written description, and usually drawings
Don’t need to actually make your invention, or have a prototype built
ExampleClaim 1: A chair comprising:
a triangular seat;three legs attached to said seat; a back attached to the rear of
the seat; andone armrest.
How Do I Apply for a Patent?
Process for Obtaining a Patent Applicant prepares and files patent application USPTO examines application USPTO issues office action(s) Applicant responds to office action(s) USPTO denies or approves patent
Time for Application Process 18 months – 3 years
When Should I Apply for a Patent? Required:
Within 1 year after it becomes public knowledge On sale Advertised Displayed or explained at a public event (science fair,
tech show, etc.) Described in a public writing (journal, magazine, etc.)
Suggested Before going public with it (selling, advertising,
displaying, publishing, etc.) When working with companies to manufacture or
develop Negotiating for financing
Other Types of Patents & Patent Applications Provisional Application
Does not issue into a patent Lasts for only 12 months Must file a regular patent application within 12 months
Design Patent Covers artistic and ornamental designs that are
Applied to physical objects; OR Incorporated in the design of the product
Plant Patent
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