Just three key steps are adequate to be followed if you want your invention to be patented through the United States Patent and Trademark Office (USPTO). By religiously following these three steps, you not just save your money, but the time and extra exertion that you put into getting patent for your invention. Let’s have a look at them below:
- Due diligence:
Due diligence is a word that requires an inventor to diligently and religiously determine whether the invention you have made is already available somewhere, or talked about by someone else. In order to make it sure, you simply need to carry out a thorough research about the invention either by visiting trade shows, checking patent databases and catalogs or by finding it in the World Wide Web. Remember, the more unique, new and non-obvious is your invention, the higher are its chances of having patent. Even if you are not satisfied, just ask yourself the below given questions:
- Does it have patent-worthy subject matter?
- Does it have obviousness?
- Does it have novelty?
- Does it have utility?
2. File a non-provisional patent application
After you have satisfactorily answered all aforesaid questions, it is time to apply for a non-provisional patent application with the USPTO. Here, following the USPTO’s rules, you have to adequately and accurately detail about your invention. It is important to note here that you do not forget to follow the given criteria in order that the opposing attorney does not oppose you using your own words when the patent is being enforced. Below I have tried to put forth the key points that must be considered while you apply for non-provisional patent application with the USPTO.
- Written Description: Tell about your invention as much as you can to convince the people that you are the actual conceiver of this invention.
- Enablement: Tell about your invention so adequately and clearly that anyone else can also understand it and construct it.
- Doctrine of Equivalents: The more variations you give about your invention, the safer it is for you.
- Best Mode: Detail about all the possible ways to perform your invention.
- Good Claims: Tell what you wish to be owned.
3. Negotiate with the US Patent Office
The negotiation process is one of the most critical phases of patent acquirement if your application is rejected. Here you have to convince the USPTO assigned Examiner to your application about why your invention should be issued patent. Sections like 700, 1200, 1300, 1400, and 2100 of the MPEP (http://www.uspto.gov/web/offices/pac/mpep/index.htm) prove most useful to look at during this process.
Giving in wrong details and missing deadlines not just weakens the patent, but it makes your rights null and void. This is the reason why you need to hire the services of an experienced attorney to increase your chances of patent attainment.