Patent Application Process

Patent application process is long and quite difficult. That is why often, examiners would recommend the inventor to get a patent agent or a patent lawyer to facilitate the patent application process for the invention. But this would also require a sum of money depending on the intricacies involved in the patent application process. Services rendered by patent lawyers and agents could start at a minimum of $5,000.

Even though the patent application process is difficult, it is possible to do it on your own. The biggest disadvantage though is you will have to learn the patent application process quickly and do it on your own without the able guidance of the experts.

Before undergoing through the patent application process it is important to know the different kinds of patents to apply for. These are: (1) utility patents, granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof; (2) plant patents, granted on any distinct and new variety of asexually reproduced plant; and (3) design patents, granted on any new, original, and ornamental design for an article of manufacture.
Utility and plant patents are granted for a term which begins on the date of the grant and ends 20 years from the date the patent application was first filed, subject to the payment of maintenance fees; design patents are granted for a term of 14 years from the date of the grant.

In patent application process the most basic step is to make sure that your invention qualifies for a patent or what you call patentable. You can do this by doing a thorough patent search on your invention. Find out if there was already a similar product patented or a prior art. However, if you find something similar to your invention you can still go through the patent application process in order to apply for the embodiments or specific parts of the invention.

After the thorough patent search, the next step of the patent application process is to file the application to the US Patent and Trademark Office. A USPTO examiner will be assigned to handle your case. Depending on the workload, the result after you file could be received between 12 to 18 months. If you are unsuccessful, you can appeal the decision to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.

Some steps on patent application process are easy, others are more difficult. As with all new endeavors, you will succeed by trial and error. But by taking the patent application process one step at a time, you can acquire a patent later on.