Your Obligations While Your Patent Application Is Pending

You've filed your patent application. Now, you have a patent pending. Do you just wait until you hear from the US Patent and Trademark Office (USPTO)? The answer is no. US Patent laws impose certain duties to you, the patent applicant, while your patent application is pending. Among your duties are:

Duty to Disclose Prior Art- Inventors and assignees have to disclose prior art that is known to them. Whether you are a solo inventor or you have assigned your patent rights to a company, you are bound with this duty. For companies that have been assigned the patent application, the duty extends to your lawyers and those who are closely involved in the patent application process. If they know of any prior art, they must be disclosed during the pendency of the application. The consequence of not fulfilling this obligation would be that the resulting patent can be invalidated.

Duty to Disclose Best Mode- When you obtain a patent, you are given exclusive rights to the invention for 20 years from the time you filed your first application. The term "exclusive rights" means you can exclude others from importing to the US or making, selling, or using in the US your patented invention. There is a reason why US laws provide you with exclusive rights. The reason is the government wants you to disclose your invention to the public so that the public can use your invention once your patent expires. Naturally, the government expects you to disclose at the time of your application the best way you think your invention should be practiced. This is referred to as the best mode. Before the America Invents Act (AIA) was signed into law in September 2011, failure to disclose the best mode used to be a basis for invalidating a patent. While it is no longer a basis for invalidating a patent, the requirement remains.

Keep Track of Deadlines- One of the deadlines is filing your foreign patent application. If you want to obtain foreign protection, you have to file your PCT application within one year from your first application filing to be able to preserve your priority date. Being able to preserve your priority date can help you avoid being barred from obtaining a patent for the invention due to certain activities, such as offers for sale, public use, or public disclosure. Another deadline to watch is the deadline to respond to office actions. An office action is a correspondence from the USPTO that includes the examiner's decisions about the patentability of your invention. In general, you only have 3 months from the time the office action is mailed to respond. You can extend this deadline up to 3 months by including a petition for extension of time and fees for the extension of time.

While not really an obligation, it is a good idea to make sure any improvements you have made to your patent pending product is included in the patent application. It is common for the product to be substantially improved after the patent application is filed either because inventors or companies have obtained more funding from investors, which have been used for research and development, or the patent pending product has been commercialized. Improvements to the patent pending product are often made after gathering consumers' feedback and experiences. The most valuable IP may very well be in the improvement, and it would be a shame if the patent does not protect the improvement. Improvements are typically protected by filing continuation applications. Continuation applications have to be filed before parent applications are either abandoned or issued into patents.

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Goals to Have When You Meet With a Patent Attorney

A patent attorney is responsible for helping individuals with the complicated legal patent process that is in place in the United States. There are many people who set up consultations with patent attorneys each and every day. When you meet with a patent attorney you are likely meeting to get an idea of how you can go through the legal patent process to get an idea or invention that you have legally protected. Meeting with a patent attorney is very important as finding and working with the right patent attorney can make a great deal of difference in the outcome of your patent. If you are planning on using the services of a patent attorney there are a few things that you will need to do in preparation. One of the first things is to write out all of the goals that you have for your meeting. Having your goals in mind will help make sure that you stay on track with your meeting and that you will get what you are looking for out of your encounter.

One of the first goals that you should have in place is to find out more about the attorney. You should be comfortable with the patent attorney that you choose. Make sure you ask questions about their experience. They should also be able to tell you how many patents they have written in the past. Feel free to ask more specific questions about how many patents they have had overturned as well. Ask questions about their background, it can be very helpful if they have a background in a similar field to your idea or invention but it is not necessary. One of the biggest goals for your meeting should be to get to know the attorney that you are considering to make sure that the two of you will get along and you know all of the important information about this person before you proceed.

Another goal you will want to have for your meeting is to provide detailed descriptions of your invention. Just as you need to be sold on your attorney, your attorney will need to be sold on your idea before he represents you. When you present, never surround you idea with a great deal of fluff or hide certain aspects of your idea. You will want to be as open and honest as possible with your patent lawyer so they have a clear vision of what it is that you are looking to have patent. A goal should be to give a professional presentation of your idea so your attorney knows just what it is that you want to have patented. Having goals like this in place is one of the best ways to make sure that your meeting goes how you want it to.

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Understanding the "Without Prejudice" Marking

Correspondence between parties in dispute is often marked "without prejudice", but what does this actually mean?

A patent, registered or unregistered design, copyright, or trademark is a legal right which can be used in Court to prevent another person from taking advantage of your intellectual creation. From reading news reports of large companies engaging in high-profile and extremely expensive litigation, you might be forgiven for believing that this is the normal way in which intellectual property rights are enforced. In practice though, it is usually preferable to resolve a dispute quickly and cheaply, without involving the courts, so that normal business can resume. Very often the parties in dispute, having settled their differences, continue with a mutually beneficial trading relationship. Most allegations of infringement are therefore resolved by negotiation, and courts hear only a small fraction of disputes.

The possibility of court action, backed by strong legal rights, is however an important part of negotiations. As a rights holder, your main bargaining chip is the threat that, if the infringing party does not substantially cede to your demands, then a strong remedy is available to you in Court. It is therefore vital that, in making concessions in an attempt to bring the dispute to a swift and inexpensive conclusion, you do not harm your position should negotiations prove unsuccessful, necessitating court action. The "without prejudice" privilege allows for free negotiations by preventing concessions made during unsuccessful negotiations from being admitted as evidence in subsequent court proceedings.

The "without prejudice" rule is often misunderstood. Many people, perhaps having received a letter marked "without prejudice", believe that by similarly marking their reply the privilege will apply to their correspondence as well. However, simply stating that a communication is privileged does not make it so. The substance of the communication must be that of a genuine attempt to bring the dispute to a conclusion, by making a concession to your previous position. Likewise, omitting to include the "without prejudice" label does not automatically mean that the rule does not apply, although it is good practice to be clear when you intend communications to be privileged. There is a risk that an ambiguous communication might be seen as an admission which cannot subsequently be denied in Court, rather than a without prejudice offer of settlement.

It is entirely possible for some parts of a letter to be "without prejudice", and other parts of the same letter to be admissible in Court. However, in the interests of clarity, it is normally considered best practice to keep "open" correspondence separate from "without prejudice" offers.

If an infringer proves unwilling to compromise during negotiations, and you subsequently achieve a successful result in Court, you will want to recover your legal expenses from the infringer. A proportion of those expenses will have been incurred in attempting to settle, in other words, during without prejudice negotiations. A "without prejudice" marking is therefore often qualified as "without prejudice save as to costs". A communication to which this qualified privilege applies is unavailable as evidence until after the Court has made judgment, after which it can be used to determine the level of costs which can be recovered by the successful party. When it comes to costs, a court is likely to be particularly unsympathetic to the party who stubbornly refuses to negotiate.

The "without prejudice" rule is designed to help parties to reach agreement quickly and without incurring major costs. If your intellectual property is being infringed or you are accused by another of infringing, a patent attorney can advise you on your position and help you to bring the dispute to a swift, favourable, and cost-effective conclusion.

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Securing a Patent Is the First Step in Realizing a Return for Your IP Invention

Obtaining a patent is the first step in monetizing or selling your intellectual property patent for a profit on the open market. IP brokers are experts in assessing the value of and selling patents to U.S. based or global investors. Patents sales take place in industries such as computer and other technology, medical devises, communications including mobile technology, and other intellectual property assets to a range of inventors and entrepreneurs who are always looking for new and improved IP products.

A patent for your invention ensures you have "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or importing the invention into the United States," according to the U.S. Patent and Trademark Office. Granted for new inventions, patents are also granted for improvements on existing patents, including the invention itself or the design of a new invention.

The U.S. Patent and Trade Office (USPTO) is the institution that awards patents. The process of obtaining a patent requires that you keep a detailed record of your invention including every step taken in creating the invention, including how you came up with the idea. Along with this description, diagrams of each step, including modifications and prototypes are most often required. Although USPTO mandate is to give assistance in helping you secure a patent, they strongly recommend you secure a patent attorney or other experienced professional to guide you through the patent process.

At the time of application, your invention cannot be for sale. You should also research the approximate value of your invention or have the professional you hired help you in this process. There are associated fees to get a patent so you will want to make sure that your invention is worth at least the cost of obtaining the patent. Small entity fees are much less than those that apply to those not meeting the definition. The official designation of "small entities" includes individuals, small businesses, and nonprofit organizations. Small businesses industry-specific, and based on the number of employees and annual receipts.

You will also need to complete a thorough patent search to make sure your invention is new. While this part of the process is time-consuming, it is a necessary step. You or your representative will need to search scientific and technical journals as well as a Patent and Trademark Depository Library. Not only should you search for U.S. patents, but depending on your invention and the degree of protection you are seeking, foreign patents may be applicable as well. You are likely to find similar patents and be able to prove how your patent is different or improves on earlier designs.

When it comes time to file an application, there are two primary options. You can file a provisional patent application or PPA that provides you with a patent pending status, essentially locking in the date of your application. This step involves a smaller upfront outlay of cash, however a regular patent application is required within one year.

An oath or declaration claiming that the inventor is the first to have invented the subject or product accompanies the application material. There are many other fees associated with the patent process, depending on whether you are seeking domestic and/or global protection, if you want to apply for an expedited process, and other options.

What follows your submission of application is an examination process that involves an USPTO examiner who will gather precise information about your invention to verify that it is indeed unique and to define the scope of the protection you are seeking. The entire patent issuance process generally takes 12 to 36 months, depending on the industry associated with your invention. Paying for a prioritized examination generally reduces that time to colder to the 12-month period. Once your invention is in the patent pending phase, you may begin the process of selling or monetizing your invention as it then that you have secured the rights to the invention.

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What If Patent Law Didn't Exist in the Present Period?

Many people complain about patent law, but have you ever asked yourself what would happen if patent laws did exist in our country? Do we still need patent laws considering the fast pace of technology? By the time someone gets a patent, they are probably well into production, and they are modifying their products and services as they learn new things in the marketplace, and at that point the patent has to continually be upgraded. The original patent filing becomes nothing more than a concept of what might be done. Almost like the original outline for business plan, when it is nothing more than a gleam in an entrepreneur's eye.

Further, it's hard to say if patents even matter anymore, due to international corporate espionage, and the fact that some of our latest trading partners are constantly stealing our intellectual property, copying our personal tech devices, hijacking our brand names, and then selling these products all over the world. Large companies especially in the technology field have to move so fast, or they will get passed by the competition thus patents often are not worth the paper they were written on, nor will the patent help the company protect itself from their competitors. (read: Bloomberg Business Week issue March 16, 2012, cover story; "Hey, China! Stop Stealing Our Stuff," for more insight).

Sure, the company can sue if someone steals their idea, but by the time the lawsuit is over, that technology has been leapfrogged three or four times, so it's not even relevant at that point. Patent law is interesting because it grants a temporary monopoly on that technology, and this was done to make it worth the risk to invest in new inventions. But now it seems it doesn't really matter, and these corporations who are bringing forth technologies must bring them forth so fast that the entire patent process is becoming burdensome, slow, and actually getting in the way.

The companies don't need a patent, what they need is running speed in the marketplace, and that would provide more competition, and lower prices for consumers and buyers of these technologies. That could increase the productivity of our economy and be akin to an adrenaline shot. It seems unfortunate that on one hand our government tries to prevent monopolies, however with patent law it grants monopolies from the onset. It's almost as if we have a schizophrenic set of rules and regulations, and it is impeding business.

Worse, for the smalltime inventor, they don't have the wherewithal or the money to defend their patents anyway. They might spend all their money getting a patent in the first place, but then another company steals it, or someone from China just takes it, starts making these things, and all that money they spent on getting a patent, they may as well have spent getting their product ready for market. The smalltime inventor with the proper backers might be able to take it to market, but that doesn't negate the international competition, and it only means the smalltime inventor has no chance. Thus they must sell it, give it away, or have it stolen.

In that case, we aren't protecting the smalltime inventor, and the corporations don't need our protection, nor do we need them busy fighting in court, they should spend those resources moving ahead to the next generation of technologies. If we got rid of the patent laws altogether, what would change? Well, one could say that everything would change, but that would not prevent corporations and businesses, or entrepreneurs from taking risks in the marketplace as long as there are buyers and sellers willing to partake in trade of their hard-earned dollars those technologies.

Because this issue is so complicated, and clouded with lawyers, laws, politics, corporate interests, international challenges, and regulations it's just turned into a giant fiasco of biblical proportions, and I would submit to you that we are not helping ourselves by continuing to legitimize this monster we've created. Either we need a complete overhaul of patent law, or we need to ditch the whole thing, because it's not stopping China from taking what they want anyway. May as well have Americans copy Americans in that case. Indeed I hope you will please consider all this and think on.

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How to Acquire a Patent - A Step Wise Guide

The whole process of acquiring a patent from the United States Patent and Trademark Office (USPTO) can be divided into three major steps. It is very important that the proper procedure as mentioned below is followed in order to maximize the chances of obtaining the patent. Further, you can also take free legal advice from lawyers who are associated with various websites where you can ask legal questions and get proper answers. It has been observed that 40%-70% patents are usually allowed and a lot depends on how you approach the process. Thus, there is plenty of room for mistakes that can be easily avoided by taking legal help and being careful with the planning.

Evaluation: Before filling the application for patent you should conduct the preliminary investigation that would help you in determining whether your patent is eligible or not. There are four main requirements that must be fulfilled by your invention in order to get a patent for it. You should be prepared to answer the following four questions during your due diligence about the invention.

Is the invention useful? Actually, you don't have to worry much about this question as your invention has to be just barely useful to somebody to qualify. Is your invention the kind of thing they give patents on? If your invention is a gadget, electronic item, some physical device or chemical composition or anything similar then you can easily check off this question. Is it a new invention? One of the most important conditions for a patent is that the invention should be completely new and no one should have created or done the similar thing in the past. You can always search the internet to make sure whether it is new or not. Is it an obvious invention? You would probably feel that the invention is obvious as you have created it but obviousness is a very complicated term and you should not be very worried about it. It would probably be right to find a lawyer at this step and seek legal help.

File non-provisional patent application: Once you are satisfied with your preliminary investigation, you should file a non-provisional patent application with the USPTO. Your petition needs to contain following points:

A written description of the invention that should describe it well enough to make reader believe that you actually did the invention. The description should be thorough enough to enable others to go out and build it. It is always better to share what you might feel to be the best way to carry out the invention. A claim section to describe exactly what you would like to own in the invention. Legal help should be taken at this step and you should find a lawyer who has proper experience in patents as writing the claims require proper expertise.

Negotiations with the US Patent Office: The USPTO usually takes around 1-3 years to respond to a patent petition and you should be ready to wait for it. Their usual response is a long letter explaining why you should not get the petition. Now you have to negotiate with USPTO in order to get the petition.

Legal help is most important in negotiation process as you have to convince the examiner assigned to your application that your invention deserves and an experienced lawyer can do this easily. Once you successfully pass through the negotiation process you would have the patent for your invention.

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Key Steps for Patent Landscaping Analysis

Patent landscaping is a complete analysis of extracted data related to a particular technology domain. These data includes past and present status of that technology in corresponding market, its future insights, associated IP information, competitive intelligence as well as technology transfer. Patent landscaping should be done in a proper way to get better results.

Key steps for patent landscaping analysis

1. Determination & interpretation of client`s aim or purpose

- Study of background information about the client`s aim or purpose.

- Identification of technological aspect behind the client`s aim or purpose.

- Figure out the need of market research level, where the client wants to launch his product that may be either at national level or global level.

2. Setting up of a keywords library to discover the new queries

- Identify the related significant terms.

- Search proper synonyms words for these terms.

- Identify the proper keywords, directly from the invention background & its technological aspects.

3. Data extraction with better patent portfolio management

- To proofread the results of novelty or patent search, non-patent literature (or scientific literature) search is also required.

- During searches, appropriate filters or restrictions should be taken such as priority date (or date of filing), IPC class, USPTO class, patent expiry date etc.

4. Design a primary format for landscaping report and consult with client

- Discuss already searched technology curves and trends with client.

- Try to solve out confusions or problems related to landscaping search results.

- Prepare a flow chart or work flow type report using your assumptions or ideas related to client`s aim or question.

5. Re-establishment of keywords library for final search and analysis

- Add new terms or concepts those are generated after consulting with client.

- Finalise the aim of landscaping search.

6. Cover all relevant area regarding to technology advancement and market research

- Freedom to Operate (FTO) search is required such as when a client wants to launch his product or technology in particular country, then FTO search is necessary to avoid the risks of infringements.

- Appropriate awareness of IPR laws related to client`s aim or purpose.

- Procedures and regulatory fillings should be known before the launching of new product or technology.

- Non-patent literature search provides more effective and proof read results.

- Relevant IP market research about competitor companies or big players of same technological field.

- Proper SWOT analysis is required to generate more future insights for the new product or technology.

- White space and gap analysis is also important to find safe and potential research domain.

- Propose a better and strategic business planning for new product or technology that is going to be launched.

7. Assemble all extracted data and arrange them in the final report format

- Use of proper data representation tools such as charts, graphs, tables, work-flows etc.

- Write down all references or links.

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Questions to Ask a Patent Attorney During a Meeting

When people have certain valuable properties, they will likely do something to ensure that they can protect that property to the best of their ability. Many people get insurance on or work to protect things that they own such as their car, home or other valuables. However, there are other types of properties that need to be protected as well, such as intellectually property. If you have the idea for something or have created something, it is important that you protect it so that no one else can steal it from you. This is why people get invention patents to protect their ideas and creation. When you get a patent you submit an application to the federal government. If you are granted a patent, then the government will publish a description of the invention in a patent disclosure so that no one else can steal your invention or creation. The patent process is extremely complex and difficult to navigate which is why people will hire a patent attorney to help them with the process.

However when you hire a patent attorney you will want to make sure that you ask your patent attorney as many questions as possible when you are together to make sure you are fully aware of what is going on with this very important and complex process. There are a few basic questions that you should always ask during a meeting.In order to get the most of this meeting make sure to write out different questions that pertain to their expertise. Ask if there are any specific areas of patent law that they specialize in. Some patent attorneys will specialize in certain areas while others will be more general in their patent experience. Make sure you know that they at least have some experience in patents similar to the one you want to have filed. Ask questions about previous patents they've written as well as the success that they have seen with those patents and if any have ever been overturned.

You will also want to ask about their education and whether or not they have passed the patent bar exam. Ask them if they have any additional certifications that will make them better able to provide you with quality patent services. Ask about previous patents and if any of those patents were overturned or challenged. They should be able to let you know how many patents they have written in the past and what type of patents that they were. You will also need to ask them about fees and overall cost. Ask not only about hourly fees, but additional fees and retainers as well. The more questions you can ask the better and the better chance you will have to feel comfortable with your patent attorney.

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How To Become A Patent Lawyer

After successfully passing the examination and graduating from the law school, the lawyers can practice in any field of law. There are some attorneys who chose to specialize in the area of patent law. In this article we will discuss about how to become a patent lawyer, but before that it is important to understand what patent law is all about. When an individual invents something, it needs to be patented to protect the rights of the inventor, who in this case is the patent holder. Thus, a patent is an official document which protects an inventor's right to create, utilize or sell an invention. The patent lawyer helps the inventor file the patent applications as per the law.

You should have a bachelor's degree in the technology and a law degree to become a patent lawyer. You should also have a work experience of two or more years. You should be proficient in the following sectors - engineering, physics, technology, chemistry or biology. Other eligibility requirements include computer skills, and online research skills. You should also be proficient in using the online case management programs. There are several states that require the patent lawyers to complete the continuing legal education or CLE in order to maintain licensure.

To become a patent attorney, first of all you need to get an undergraduate degree. You should choose the subjects and fields of study that are related to the patent law practice. So, someone wanting to be a patent lawyer should obtain a bachelor's degree in technology, engineering, biology, chemistry, or physics. There are several law colleges and universities in the United States that offer these courses. In order to get admission in the law schools, you must take the LSAT (Law School Admission Test). This test includes essay writing and multiple-choice questions. It is designed in a way to test the analytic and logic skills of the students.

The applicants mostly use the CAS (Credential Assembly Service) to apply to the law schools. This service is like a report for each applicant, and it includes his/ her credentials and LSAT score. This report is submitted to the schools or universities where the applicant wishes to take admission into.

After taking admission into a law school, it takes at least three years to complete a full-time course. There are a few school that offer part-time courses that may take longer to complete. The programs offered at the law school cover a wide range of topics such as contract law, criminal law, legal writing, torts, constitutional law, ethics, and research. The law students who wish to practice patent law must select a degree program or a certificate program, which includes a course in trade secrets, intellectual property, patents and trademarks.

To be a successful patent lawyer, an individual must take the patent bar exam. The individuals who wish to appear before the U.S. PTO (Patent and Trademark Office) must clear the patent bar exam successfully. The applicants do not necessarily need to hold a law degree to take the test, however they must hold a degree in the above mentioned qualified technical fields.

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Traits to Consider When Hiring a Patent Attorney

Individuals with creative abilities work hard in producing unique things and once they are able to do so, they need to be assured that whatever they have made is their own individual creation. Security is also required to ensure that the inventions will not be stolen by someone else, who claim that it is their own. To avoid these situations, you should avail the services of a patent attorney. A patent attorney will make sure that whatever you have created is solely yours, and cannot be infringed upon. He/she will also make sure that your due rights are given to you and doing so is a systematic process. However, it is only something which can be done by a patent attorney, who is professionally qualified and has the required potential.

When searching for a patent attorney, some of the characteristics, which you need to look out for are: - He must be well-educated. This does not mean that he must be having a degree; rather it means that along with the degree the attorney should also possess the technical skills and competence, required for a successful career. The college, from which the attorney has graduated, should be well reputed and should have had successful prior graduates.

- A patent attorney should have the experience. Having a degree is clearly not enough to be a good patent attorney, experience on previous patent related cases is mandatory. Another positive aspect would be, if the patent attorney is employed by a well-known law firm.

- Fee: Generally they charge fixed prices to their customers. However, at times, negotiations do lead to an agreement on a price, between the client and the attorney. One thing which must be kept under consideration is that, patent cases are usually very serious and no attorney charges a low fee for it. Hence, when considering hiring a patent attorney, realize something is wrong, if the amount being charged is surprisingly low. This does not mean that you should spend a large amount of money on an attorney. Make sure you do an evaluation of the services, you are being offered and at what price to determine, what's the best rate to pay.

- Good communication: One of the areas in which most attorneys do not do well is regarding communication. There are times, when an attorney may not show up for a case hearing, without prior notice or may not hold true to his/her word. The signs of a good patent attorney are one, who allows his clients to contact him any time of day and be willing to share information regarding the case with them. This creates a trustworthy relationship and the stress and anxiety on the client's part is reduced.

The conclusion and result of a patent case depend on the kind of lawyer you hire. Some of the characteristics you should look for are outlined above, along with any other which you feel important. It is also strongly recommended that once you have found yourself a patent attorney, you stick with him/her until the end of the case. Changing lawyers constantly can be quite costly, which is why you should take your time before you hire a single one. Work on building a strong and trustworthy relationship with your lawyer so that successful results can be achieved.

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How to Make Patent Invalidation More Effective

Patent invalidation is a crucial task for those patent holders or companies, which are suffering from infringement charges with other competitive patent holders or third parties. Generally patent invalidation is used to invalidate the pre-existing patents. It helps to uncover invalid facts (or claims) of the pre-existing patents and publications.

All those above mentioned results are possible only through the exhaustive prior art search of that particular patent or claim by using priority date (in USPTO) as a standard filter.

Creative strategies for proof-reading patent invalidation

1. Usage of varying combinations of Precision and Accuracy in their query building keywords

- If we are searching a prior art for single claim, then precision and accuracy both should be high in our self-created keywords. Because if we have any other combination of precision and accuracy in our self-keywords like low precision-high accuracy, then the chances of errors in our result will increase.

- For more than one claim, the precision in our keywords should be low and accuracy should be high. The reason is that we need to focus at various claims or areas of that particular invention with some more exhaustiveness.

2. Usage of "Theory of independent assortment" concept to proof-read a patent invalidation search

- The prior art search should be done by two or more researchers independently at a same time, because humans possess multi-dimensions in their creative thinking. Because, for one researcher it is not so easy to cover all relevant area of that particular claim or drawing in a small time.

- For final invalidation report, merge all the independent results and try to sort out a single best suited result.

3. Some other important strategies

- Try to make some suitable categories or orders of nearly related patents or claims according to their extent of similarity with the concerned one i.e. patent or claim or drawing. For example, highly related, moderately related, least related etc.

- Enhance the systematic background knowledge search of active or expired patents from all possible databases including patent and non-patent literature both.

- All important factors like terrain information of particular patent, priority date, specificity of concerned claim or drawing etc., should be kept in mind during the prior art search.

When we handle a patent invalidation case, time consumption predicts more value in prior art search. These creative methods are advantageous to make a more effective and better proof-read patent invalidation reports. Therefore, always try to use advanced techniques and better resources during the prior art search.

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4 Tips to Help You Decide Whether to File a Provisional Patent Application

Approximately 180,000 patents are issued each year by the United States Patent and Trademark Office. Only about three percent of issued patents become profitable. Filing a patent application may run anywhere from $3,000 to $10,000. If you plan on patenting your invention and do not intend to squander money on its application process, these five tips will help you decide whether to move forward with a provisional patent application.

Inventor(s):

Are you the person who originally came up with the invention? The origin of the invention must start and end with you unless you have chosen to allow others to partake in the creative process. If other individuals contribute to the invention they must receive credit for the part they played in its creation. Such credit must also be given on a regular patent application. At least one of the inventors on the provisional patent application must be on the regular patent application. Failing to include an inventor's name on a provisional or regular patent application may lead the USPTO to invalidate the patent. A co-inventor is a person who brings one or more novel concepts to the table during the creation of a patentable invention. This should help in preventing you from committing this costly error.

Novelty:

Your invention must represent something new to the marketplace. This means that previous inventions or information pertaining to patents must not bear any similarities to the one you invented. Once your invention passes the novelty test, it should be smooth sailing from there unless you encounter delays in the processing time of your patent. Remember that prior art consists of anything that is being used by the public or sold within the United States more than one year before the filing of your patent application.

Commercial value:

Filing a provisional patent will allow you to use that time to assess the commercial value of your patent. At this phase you'll determine whether your patent has the potential to make you a profit. You may be able to receive as much as 24 months of sale information during that time. The USPTO does not assess the commercial value of your patent during the provisional or regular patent application process. Therefore, it is important that you take this time to do your own analysis. If you're confident that your invention will make it big in the marketplace, you may proceed with a regular patent application. Factors that may affect the profitability of your patent include cost, demand, competition, and ease of use. You may also consider the legal problems that may emerge from commercializing your invention as well as the positive or negative effect it may have on society.

Benefits of your invention:

Will your patent be beneficial to those who use it? The USPTO will only grant you a patent if they can determine the usefulness of your invention. There may be occasions where patents were rejected due to its ineffectiveness. Take for instance, an inventor who created a drug that has the ability to cause significant,dangerous toxicity. In such a case, the invention would be deemed as being ineffective.

What to Do With Your Great Idea - Should You Trademark, Copyright or Patent?   

What to Look for in a Patent Translation Company?

If you are an inventor or a manufacturer, hiring an excellent patent translation company is a must for you. Having a reliable company to entrust your patent application is a must for speedy approval. There are times when a country rejects an inventor's or a manufacturer's patent application because somebody has already applied for a similar patent earlier. In patent application, applying early is vital to get ahead of the competition.

In patent application, all it takes to get your patent approved is having an excellent partner to do the application for you. This partner can be a company who will take care of all the requirements needed from start of your application until it gets approved. Choosing an excellent patent translation company is the tricky part. There are lots of companies today that are offering the service of helping manufacturers and inventors in their patent application and all of these companies are preaching that they are efficient and the best in what they do. It is important that those who hire them must know what to look and ask to determine if they are really capable of doing the things that they are telling potential customers that they can do.

The first thing you need to determine in a company before you hire them to do the translation for your patent documents is their track record. How many patents in a year can they get approved? Companies who are that are efficient can pass thousands of patents in a year. This is a big factor in choosing a company to translate and apply for your patents. You must also remember that the process of patent application is very complex. Documents must need to be translated first to several languages and this alone is not an easy task especially if it contains technical data. Beware of those companies that are offering cheap price for their service. Some reputable companies may not be very cheap in terms of their service fee but they can do their job very well which is more important than selecting a company that is cheap in their service fee but the result is unsatisfactory in the end.

Inquire also if the company has lawyers that specialized in patent application; a lawyer who knows the technicalities in applying for a patent can make a big difference. A marketing specialist will also be of great help. He can advise you on what other countries will be ideal for you application.

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When To Get A Patent Attorney

Bringing newly created products to retail stores help to boost the economy. It will also help to get the inventor started on a new career path. But there is a chance that the company could be placed in jeopardy if no patent is obtained when the item is first invented. And the entrepreneur should know when it it the right time to get a patent. If this is not done in a timely manner the whole company could be placed at risk.

There are some key times in the life of an inventor when it is important to hire a patent attorney. Some entrepreneurs choose to get a lawyer on staff that will take care of the needs of the business. If this is not the right route for you, then you will need to know when to do so. The following is a list of the milestones that will require the help of a patent attorney:

The First Invention - The first time that you invent a new product is an exciting day. The possibilities for the item that you design are limitless. But there are several things that must be done before you can realize your dream of getting the item on store shelves. One of them is to get a patent on the product. This will protect the item from being copied by a large company or another inventor.

Maintaining A Patent - Sometimes a patent will expire on the products that you have made. When this happens it is important to hire a patent attorney to get the patent extended. Failure to do so will mean that there is no protection on the device. This will make it possible for another inventor or a large company to copy the design of the item. Having another entity make the same product will minimize the amount of profit potential. New Inventions - Anytime that a new product is created there will be a need for a patent attorney. They will be able to get new patents on these products as soon as they are made. A patent is not just required for the first item, but all additional inventions which are created by the company. Hiring a patent attorney will make getting patents on these new products quick and easy.

Searching For Patents - When you have an idea for a product you will need to know that a patent does not currently exist on the item. This requires doing a search for the item with the database of existing patents. If this step is not taken it could open the inventor up to litigation. This is due to the fact that it is not legal to copy a product that is patented by the government.

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What Happens After You File A Patent Application?

Once you file a patent application, you can claim that you have a patent pending on your invention. You will generally get a filing receipt with a serial number for your patent application. One important thing to note with the filing receipt is your license to file a foreign patent application, which can be important if filing a PCT or an international patent application is part of your plan.

The USPTO will generally review your patent application for completeness. If anything is missing, the USPTO may send you a notice to file missing parts or a notice of omitted items. Common things that may be missed include declarations or oaths of inventorship, certain pages of the patent application, drawings, or certain fees that have not been paid.

Once the missing items are provided, the patent application waits in line for its turn to be examined. Typically, it takes about two and a half to three years to hear from the USPTO, unless the application qualifies for accelerated examination or the application is submitted under the fast track examination program.

The application may be scheduled to be published 18 months from the filing of the application or from the filing of the first patent application, such as a parent application or a provisional application.

Once the examiner examines the application, the examiner's decision is typically reported on a correspondence to the applicant called a "non-final office action." The non-final office action will typically list the claims that are pending and indicate which of the claims have been allowed or approved, if any, and which of the claims have been rejected. Most of the time, patent claims are rejected in the first round of examination.

The applicant will be given three months from the mailing date of the non-final office action to respond. The applicant may be given to up to three months' extension to respond, but the applicant has to pay extension of time fees when the response is submitted. The applicant has to address every rejection either by making changes to the rejected claims, by providing legal arguments why the rejection is not valid, or both.

After the applicant responds to the non-final office action, the examiner goes through the applicant's response and determines whether the applicant has overcome the rejections. If the examiner is not convinced with the applicant's response, the Examiner will issue a final office action.

The applicant will again be given three months from the mailing date of the final office action to respond. The deadline can be extended up to three months with the payment extension of time fees. The examiner may give an advisory opinion indicating whether the applicant's response to the final office action has overcome all the rejections. If any of the rejections have not been overcome, the applicant can file an appeal or a request for continued examination. By filing a request for continued examination, the applicant may get one or more rounds of examination.

If the examiner finds that the applicant has overcome the rejections, the examiner will issue a notice of allowance. The applicant will be given up to six months to pay the issue fee. One issue fee is received, the certificate of patent will be granted and mailed to the applicant.

Patenting an invention can be a very complicated process without an experienced patent attorney on your side.

What to Do With Your Great Idea - Should You Trademark, Copyright or Patent?