Patent Basics
For those new to the patent process
It all begins with an idea. But how do you turn that idea into a patent?
The first step is most often recording that idea in a lab notebook, journal, or even a word processing document. This document is often the earliest evidence of your idea, and can be used to establish your priority to a patent if another person files a patent application on the same idea. This written description of the then invention can then be provided to your patent attorney, or better yet, you can use it to complete an invention disclosure form which includes questions the patent attorney needs answered as part of the patent application drafting process. There are many different versions of invention disclosure forms, but we provide one here as a sample that you are free to use. Invention Disclosure Form
Patent Drafting and Filing
Once you have the written invention disclosure completed, you then provide that disclosure to your patent attorney. After reviewing your invention disclosure, your patent attorney will likely want to interview you to get clarification, asked additional questions, test understanding and so. Then the writing begins. A patent application represents the legal description of your invention required in order to obtain a patent. There are many rules and requirements that govern the contents and payout of patent applications. Writing a patent application can take hours to weeks or even longer, depending on the complexity of the invention, how close other’s work in the field may be to your invention, and so on. The application may be a few pages long, with small number of figures, or may be quite lengthy and include many drawings. And, the drafting process by necessity is a back and forth between you and your attorney. The attorney will attempt to accurately capture your invention, and you ensure it is so. Once you and your attorney are satisfied with the application, it is ready for filing with the United States Patent and Trademark Office.
Patent Prosecution
Once filed, the U.S. Patent Office process the new application, assigns a serial number, then assigns it to an examiner. Unfortunately, it then sits. For a long time. Unless expedited handling is requested (usually at additional expense), application pendency can be anywhere from 9 months to 2 years, and in some cases longer (depending mostly on the technology of the invention).
Once the examiner does examine the application, more often than not, he will reject it based on the published work of others. This work is called “prior art”. Your patent attorney will then consult with you and determine how best to respond, for example by amending the application or arguing that the examiner is incorrect. This rejection and response cycle, called prosecution, may take place two or more times. Hopefully, the end result is allowance of your patent application. (Note: there are many variations of this path to a patent, but the above is a pretty standard, simple case.)
The Issue Patent
The net result of filing and prosecuting a patent application is an issued patent. The patent is a monopoly, allowing you the right to exclude others from making, using, and selling the claims invention. An issued patent carries with it much weight in court, and can be used to obtain an injunction and monetary damages if infringed.
The Bottom Line
A quality patent application is the result of an effective working relationship between inventor and patent attorney, a detailed understanding of the invention, a careful written description of that invention, a good understanding of the prior art, effective negotiation with the patent office, and attention to the technical details along the way. Therefore, when selecting your patent attorney, you should look for both competence in the technical field to which your invention relates and someone you feel you can work closely with. And it takes patience. But when everything works together, the end result can be an invaluable business asset, worth the time and expense of obtaining the patent many times over.