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Protecting the rights to your invention is very important and you should devote
a good deal of your time obtaining information on how the process works. We
have several pages on the subject, please explore them all to learn more.
The The United States Patent and Trademark Office's web site provides
excellent, detailed information, explanations and links to application forms.
You can file for a patent online and search a database of patents issued since 1790.
You can find the USPTO web site at: http://www.uspto.gov |
Before spending a great deal of time, effort and money on the patenting process
there are several things you should consider.
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(1) Is my invention unique, does it offer a better solution to a real problem?
(2) Can it be easily and economically be manufactured?
(3) Is there a market for my product?
(4) How big is the market?
(5) Will the market grow or decline?
(6) Is there competition for my product?
(7) Will the product be obsolete by the time the patent is issued?
(8) How much will it cost and how long will it take to bring the invention to market?
(10) How will I sell it?
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Undertaking a patent application without a patent attorney or agent is very difficult
and not recommended. It may take up to three years for a patent application to be granted.
Applications are often rejected the first time and you will often need to amend your claims and appeal.
It is possible to save some expense if you draft the patent application yourself and then have an attorney proof your final application. |
Your Application Should Include
- The name of the inventor or all of the inventors if more than one.
- An abstract.
- One or more drawings.
- The invention's name, background, purpose, and advantages.
- Brief descriptions of the drawings.
- The specification: a written description of the invention and an explanation of how to make and how to use the invention.
- Claims defining the invention. Claim drafting is extremely complex and important, because the claims—what an inventor claims to be their invention—are the most indispensable element of a patent application.
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It may take a year-and-a-half or more for the USPTO to respond to your application and then up to three years for a final patent to be granted. After filling for your patent, you may use the term “patent pending” on your invention until your application is accepted.
Although it is possible to apply for a patent yourself, the process is long and complicated. We strongly recommend that you consult with a registered patent attorney or patent agent,(see finding an attorney). |
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