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How To
Obtain A Patent: The Inner-Workings Of The U.S. Patent Office
By:
Paul Johnson
The
United States works differently than other countries when it comes to
giving patents. In the U.S., it doesn't necessarily matter who first
applied for the patent (the process may take up to a year to complete).
What does matter, however, is who came up with the original composite
for the invention first. If an inventor can prove that s/he came up with
a tangible product before someone else, then they will be granted the
right to the patent.
It's best, given the information above, to sketch your idea for a
product with descriptions on how it works. Then, the inventor, along
with two witnesses should sign and date itin front of an official
notary.
Following, keep the composite in a safe location while you are applying
for the provisional or regular patent, while working on your invention.
A provisional patent application from the U.S. Patent and Trademark
Office provides a confirmation to the date when the invention was first
invented, or when the composite was completed. This way the inventor
doesn't have to necessarily have completed the invention in its
entirety.
The inventor needs to file a regular patent application with the USPTO
within one year of the provisional application.
An inventor, once ready to fully patent his invention, may have to hire
an official patent attorney or agent. Then, the patent attorney or agent
can conduct a search which checks to see that the invention is original,
and that ithasn't already been filed. Once the uniqueness of the new
invention is confirmed, the inventor has to fill out a specification (or
description), two or more composites and an official claim form.
Once the application is received at the Patent and Trademark Office, an
examiner will complete another search of records to be sure that the
invention hasn't already been patented. If there are no problems, the
inventor will receive a "notice of allowance". This means that the
inventor will soon receive his/her patent number once certain fees are
paid in full.
If there are problems with determining the original quality of a product
or composite, then appeals can be made within the Board of Patent
Appeals and Interferences. Following, if this proves no avail, claims
can be taken to court.
About
the Author:
Paul Johnson works as a software developer. Over the last ten years,
he's made a variety of inventions which he's patented. He shares his
experiences and advice in a series of articles about us patent searches
and patent applications. Discover valuable advice and information about
patent searches and applications. Website contains useful articles about
us patent searches & applications.
http://www.us-patentsearch.com/us-patent-office.html
Read more articles by:
Paul Johnson
Article Source: www.iSnare.com
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