Obtaining a patent for your invention includes several steps, and may seem overwhelming at first. Choosing to work with a patent attorney who is well-versed with patent law, can make procuring a patent easy. Selecting an attorney early in your patent search can save time and money. Our office is based in Bradenton and has vast experience in patent law; we have patent attorney partners available to answer Bradenton’s patent questions today. In order to make the patent procurement process as easy as possible, we have compiled these commonly followed steps as your guide to getting a patent.
The following steps could be done in a different order of your choosing. For example, you could choose to hire a patent attorney before you start your research, or you could do market research before you choose to develop your idea into an invention.
Steps to Getting a Patent (with the assistance of a patent attorney)
To obtain a patent, follow these steps:
1. Work on your invention and document the entire process. Keep a notebook that includes diagrams, ideas, modifications, etc. Sign and date each entry. You may want to have a couple of reliable witnesses sign the entries as well.
2. Confirm that you have an invention, not merely an idea. Begin patent research to confirm that your invention hasn’t already been patented by someone else.
3. Consider whether your invention is commercially viable. Perform market research in your industry to determine whether pursuing a patent is in your best financial interests.
4. Hire a patent attorney. You may need a patent attorney to help with more detailed research and guide you through the application process. Our Bradenton office has extensive experience with communicating with The Patent Office and can help you with the finer details of the application.
5. Submit a provisional patent application. This gives you time to fine-tune your invention.
6. Submit the application. A patent application requires many elements, including a specification that describes your invention and highlights its advantages.
This is where a patent attorney could be beneficial to you. The specification includes:
An abstract, which is a summary of the information to follow.
Background information that describes what need your invention will fill.
A summary of your invention.
A detailed description of your invention.
A conclusion that shines a spotlight on the advantages your invention offers.
7. You will also need to submit claims with the application. These claims determine exactly what aspects of your invention you want to be protected. Along with the application, you can choose to submit a non-publication request, which will stop the USPTO from publishing the application 18 months after it is filed. Our Bradenton office has a complete calendar with the steps outlined, available by request.
8. Communicate with the USPTO. The Patent Office may ask questions about and raise objections to your application. You will have to work with your lawyer to respond to the Patent Office, whether they send you a non-final rejection or a final rejection. Each of these responses requires different steps if you wish to continue trying to get a patent.
Grivas Law group is a Bradenton patent attorney that serves those in need of legal counsel.
