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July 2021

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Business

FILE A NON-PROVISIONAL PATENT APPLICATION

An inventor may file a patent application with the USPTO themselves or they may hire a patent agent or patent attorney to write and file the application. The USPTO recommends that inventors use a patent agent or patent attorney to file an application because it is a complex legal document. Inventors who qualify under small entity status will save 50% on many USPTO application fees as you can see from https://fingerlakes1.com/2021/07/08/team-up-with-inventhelp-to-take-your-career-to-the-next-level/ article.

What is a small entity for patent purposes?

A small entity is eligible for reduced patent fees because it falls into the general categories of

  • Person
  • Small business concern
  • Nonprofit organization
  • Licenses to a Federal agency
  • Security Interest

Time is of the essence in filing an application. A delay in filing an application can constitute abandonment, suppression, or concealment if diligence is in question.

Non-Provisional Utility Patent

A Non-Provisional Utility Patent is what most people think of when they think of a U.S. Patent.

A Non-Provisional Patent Application permits the term “Patent Pending” to be applied in connection with the invention after the filing of the patent application and after issuance. Some provisional rights accrue after publication of a non-provisional patent application (generally at 18 months after filing, earlier publication can be requested) but before issuance under certain circumstances.

Most patents applications that are received by the USPTO are for non-provisional patent applications. Three types are available-utility, design and plant patents. Over 85% of issued patents are utility patents as written on https://celebmix.com/follow-in-the-footsteps-of-inventors-like-george-foreman-with-inventhelp/.

In broad terms, a complete application comprises a specification as prescribed by 35 U.S.C. 112, including a claim or claims; an oath or declaration; and drawings (when necessary to illustrate the invention); and and the prescribed fees. The invention must be conveyed to the public in a meaningful way showing its novelty, essence, embodiments and utility and be completely enabling so that a person who is skilled in the art could build the invention without undue experimentation. For guidance on what a non-provisional application must contain, see A Guide to Filing A Non-Provisional Utility Patent from the USPTO.

Business Law Technology

Patent an Idea Successfully

There comes a moment in everyone’s life when we get a brilliant idea. The difference is some act on that idea and try to turn it into a real product that can be sold while others let that idea pass them by, and that can either turn out one of the two ways: firstly, that idea will never be stumbled upon by another person because it was either that brilliant or simple enough that no one ever thought to think of it or secondly, someone else has that idea, patents it, and makes a lot of money.

If you have an idea and you didn’t know what to do with that, then, you can always seek professional help for your invention, and here are some points that can help you in this matter.

Understand how a patent works

A patent is a legal document that is granted to the first person for his unique idea or to invent a particular invention. It prevents others from making, selling or using the invention without your permission.

A patent is a way that makes the person with a great idea the sole owner of that idea. In the United States once an has been disclosed publicly, the inventor has one year to file for a patent. It means if the individual has an idea and tells anyone that he or she will sell them that product they have a year to patent that idea before it is lost. After the idea has popped into a person’s mind, the very first step is to get that idea turned into reality. And, if it is not visible, it is not marketable.

Once your product is completed, the next important thing to do is to hire an attorney or a patent agency such as Invent Help. There are some who feel that this step of choosing an attorney is not so necessary. But, if one skips this step, it can cause trouble. The proper documentation is important in this process. The right patent attorney helps in proper and correct documentation to ensure that the inventor is real.