Patent Application: A Step-by-Step Overview of the Patent Process
A patent is a substantial and valuable asset for your business. Patents provide legal protection for your invention so that you can have increased confidence to develop your ideas and your business. By holding a patent, you can prevent competitors from profiting from your invention and infringing your intellectual property rights. Obtaining a patent provides you the exclusive right to profit from your invention for many years.
However, if you’re a business owner, you may not know the various steps required to start the process of getting a patent. By understanding the patent process, you’ll be more likely to file an application with a better chance to be issued as a patent. Here’s a brief overview of what the patent process looks like. Please keep in mind that the content of this article is not legal advice. This is a simplified look at the process to help you learn how to get started, and the exact steps will vary depending on your particular circumstances.
Overview of the Patent Process
The patent process typically follows three steps:
Prepare and file a non-provisional patent application with the U.S. Patent and Trademark Office (the “Patent Office”)
The Patent Office reviews your application
The Patent Office issues your patent
Preparing and filing your patent application with the Patent Office
To start the patent process, you or a patent professional will first need to prepare your non-provisional patent application. Many people find it helpful to work with a patent professional. A patent professional will help you prepare the various documents for filing, including drawings and a written description of your invention, called a specification.
Types of Non-Provisional Patents
There are three types of non-provisional patents: utility, design, and plant. Utility patents are most common, and cover most new processes and devices. Design patents cover inventions based on the aesthetic appearance of a product. Plant patents are used to patent newly created or discovered plants. A patent professional will know which type of patent should be used to protect your invention.
A non-provisional patent application includes “claims,” which is specially crafted language that establishes the legal boundary of your invention. Only non-provisional patent applications, as opposed to provisional patent applications, are reviewed by the Patent Office and can be issued as legally enforceable patents.
The Patent Office examines your patent application
After filing your patent application, a patent examiner at the Patent Office will be assigned to review your patent application to see if it meets the requirements of patent-ability. This is the longest step in the patent process because it can be a year or more before an examiner begins work on your application, and then the examination itself lasts from several months to multiple years. Currently the time from filing an application to issuance as a patent is about 2.5 years.
Often, the examination step requires communicating with the patent examiner, if there is a problem with your application. The examiner must review the claims in your application to see if they conflict with existing information about similar inventions by others (called “prior art”). The basic idea behind the examination process is that you cannot patent something that another person previously invented.
Therefore, it is generally important that you file a patent application that includes as much detail about your invention as possible, so that you can have support for arguments about why your invention is patent-able. Also, it is helpful to have an understanding of what prior art may exist before filing your application. Finally, having a skilled patent professional assist in the application process can help ensure your application is well-drafted and communicate with the patent examiner.
The Patent Office issues your patent
After examination in the Patent Office, if all goes well, your application will be allowed; and once you pay an issue fee, your patent will be issued. An issued utility patent has a “term,” which is the time when it is legally enforceable, of a maximum of 20 years from the earliest filing date of your application.
Take the First Step
Securing a patent on your invention provides your business with a powerful intellectual property right and a valuable asset. While it may be possible to prepare and file a patent by yourself, a patent professional can help you put together a solid application by guiding you through this highly complex area of law. If you have any questions about the process, feel free to ask in the contact form below!
Written by Benjamin Rothermel and Connor Jaccard.