Law

You have up to 12 months after filing a provisional application to proceed with a non-provisional application. If you do not file within that time period, your provisional application will be deemed to have been abandoned and you may lose certain benefits. The non-provisional application is entitled to the benefit of the original filing date of the provisional application. But to be sure, it is advisable to consult with a patent agency, such as InventHelp patent services, just in case.

Note: the provisional filing is not available for design patents.

Advantages of a Provisional Patent Application

Inexpensive to file – typically $80.

Easy to meet the filing requirements. The disclosure and documents can be very informal and generally do not require an attorney to prepare.

Provides immediate patent pending status.

Provides nearly equivalent patent protection for the first year as the more expensive utility patent application (having a comparable disclosure).

Minimum investment. In the event the invention is determined to have insufficient commercial value, the inventor is typically out only a few hundred dollars instead of thousands of dollars.

Disadvantages of a Provisional Patent Application

Expires after a year.

No extensions. Don’t ask for an extension because there is no one to ask. There is no one on the planet authorized to give you an extension. The one year limit was set in stone by Congress.

Provisional patent application generally do NOT have the full review and analysis in preparation as a utility patent application, particularly when prepared by the inventor.

When followed by a utility patent application, the total cost is more than if a utility patent application was filed instead of the provisional patent application.

Contact a registered InventHelp patent attorney today to be sure that your invention or idea is protected.

In order to obtain protection for your invention, you need to go through the process of securing a patent. This is a process that can be extremely complicated, and any mistake can lead to expensive and time-consuming results that could ultimately give someone else the time necessary to secure the patent that you seek. Therefore, having a patent agency, such as InventHelp patent invention agency, is highly recommended.

Types of Patents

The first decision that should be made when you seek patent protection is the type of patent you should pursue. Below are the most common choices available:

Utility patent – A utility patent is one that deals with an actual invention. These patents cover something that’s a process, a machine, a manufactured item or a composition of matter, which can be described as ideas that have been reduced to tangible practice. An approved utility patent provides protection for 20 years if it was filed after June 8, 1995.

Provisional application – A provisional application presents a choice for an inventor. This application provides the inventor with a one-year period to explore the invention further in order to determine if it is commercially viable. If that 12-month period passes without filing a non-provisional application, then the protection of the invention is lifted.

Design patent – A design patent allows an inventor to enjoy protection for a new design for an article of manufacture. A design patent only protects the outward appearance of the invention, however, and not the functional features.

Patent Requirements

Regardless of the type of application that the inventor chooses, the law does require that certain standards be met in order for an application to be considered for a full-fledged patent approval. Below are those four statutory requirements or tests:

The statutory classes – Any invention must fall into at least one of five types of valid inventions:

• Processes
• Compositions of matter
• Machines
• Manufactured items
• New uses of any of the above

Utility – The invention must be considered ‘useful.’ This means that the invention must actually perform some function, no matter how intangible, and it cannot simply be a working theory regarding some product or phenomenon.

Novelty – The invention must be novel, in that it must be unique and unlike anything that’s already been invented.

Nonobvious – An invention must not be overly obvious to someone who possesses the average amount of skill and knowledge in the particular area of that invention.

Aside from filing a valid application that meets all of the statutory requirements and tests as listed above, the applicant must also pay the filing fee, which can range anywhere between $2,000.00 and $2,500.00. Find much more information about patents and the patenting process on how to patent something with InventHelp article.

Patents are obtained, in the United States, by filing and “prosecuting” patent applications in the United States Patent & Trademark Office. Also inventors can obtain patent rights in foreign countries by filing patent applications in those countries.

Trademarks and Service Marks

Trademark and service mark rights are obtained by being the first to use the mark in connection with the sale of a particular class of goods or services. “Common law” rights are obtained by being the first to use a mark but the rights obtained may be geographically restricted. Federal trademark or service mark rights, which are national in scope, are obtained by filing an application with the United States Patent and Trademark Office. The application must indicate that the applicant has used the mark in interstate commerce or intends to use the mark in interstate commerce. You can always hire professionals, such as patent services InventHelp agency to help you.

Copyrights

Copyrights are obtained through publication of original works of authorship. Copyrights may be registered by filing an application with the Register of Copyrights in Washington, D.C.

Trade Secrets

Trade secret rights are secured by putting in place procedures that are designed to prevent trade secret information from being improperly disclosed to others or improperly obtained by others. These procedures include steps such as requiring employees to sign confidentiality agreements; requiring prospective business partners to sign confidential disclosure agreements; restricting disclosure of trade secret information to employees on a “need to know” basis; marking documents that contain trade secret information with “Confidential” stamps and providing physical security at your place of business (e.g., requiring visitors to sign in and out and keeping confidential documents stored in secure filing areas).

How can I protect my inventions and ideas in foreign countries?

Most of the industrialized countries of the world have signed international treaties for the protection of intellectual property. Lawyer can help you secure patent rights in foreign countries by filing foreign patent applications under the Patent Cooperation Treaty. While the scope of available patent protection may vary somewhat from country to country, patent service InventHelp agency can advise you on patent strategies to maximize protection of your inventions outside the U.S. can also refer you to foreign experts in the fields of trademark, copyright and trade secret protection.

If you have invented something or developed a new product, then you are in need of the services of a patent attorney. Applying for a patent may be a long and difficult process, but with the help of your patent attorney, you will be able to solve patent issues and gain knowledge at the same time.

After completing a four-year bachelor’s degree, the aspiring patent lawyers must now finish three years of law school. They should take undergraduate courses like English, History, Philosophy or Economics. The lawyers should complete courses related to patent law as well as technical courses like engineering and science. They should pass their LSAT or the Law School Admission Test to be able to be accepted to an American Bar Association-accredited law school. They must also be admitted to the patent bar by passing the United States Patent and Trademark Office registration examination.

Patent attorney should have the knowledge with regards to patent laws. They should be able to utilize their knowledge and skills when dealing with patent issues. They can have consultations with potential clients pertaining to the patent application process as you can read from this article – How to patent an idea with InventHelp.

A patent attorney assists clients to get patents for products and services and defends his clients’ patent rights. He sorts out, outlines and records applications for patents and offers advice. He takes lawful action and gives legal opinions. He protects the clients against  patent issues.

A patent attorney can work with law firms, business firms and government organizations. He should be very organized and should have sharp eyes for important details. Diligence and patience are essential traits that a patent attorney should possess. He should be able to allot time for research and should have the ability to communicate technical information verbally as InventHelp explains in How to file a patent with InventHelp article.

A patent attorney should be very detail oriented when it comes to their work. Even the smallest element should not escape the eye of the attorney. Through diligence and hard work, a patent attorney gets the job done.

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.