File A Patent

In order to file a patent you must make a choice. This is whether to hire a lawyer to file a patent or to do it on your own. In hiring a lawyer to help you file a patent you should be ready to spend money. Patent lawyer could charge a minimum of $5,000. But the process on how to file a patent remains the same whether you hire a lawyer or not.

To file a patent is a lengthy procedure. It usually takes 12 to 18 months for the US Patent examiner to hand out a decision the patentability of the invention. You are also required to conduct a research before you file a patent. The research could serve as the grounds when you file a patent on invention. It is the basic and most important step when you file a patent.

During the patent search phase, you must determine if the invention is patentable. In the evaluation phase, you should conduct an in-depth investigation into the technical field involved, including study of the closest prior patents and references and a comparison with the invention to identify differences.

If after the process you or the patent attorney decides that a patent should be applied for, then a patent application will be drafted and filed in the USPTO. You can choose to file a patent that is for a full-blown regular patent application (RPA) or you can file a patent for the provisional patent application (PPA) on the invention. When you file a patent, the PPA allows you to claim patent pending status for the invention but involves only a small fraction of the work and cost of a regular patent application. All that is required to file a patent through the PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.

When you file a patent on the invention, you or the patent attorney should provide the examiner a detailed description of how the invention is made and used, accompanied by drawings, and ends with a set of claims that will ultimately define the scope of the inventor's patent rights. After the application has been filed in the USPTO, it is assigned to a patent examiner. Through correspondence with the examiner, discussions in person or by telephone, and perhaps amendments to the claims, you or the patent attorney could seek to obtain favorable final action for the applicant. If the application succeeds, a patent is issued on the application. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken to the U.S. Court of Appeals for the Federal Circuit.

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