Intro to Patents- Patent Search and Patent Applications

Biotech Beach Law Group, PC (619) 238-1179	Patent and Trademark Attorneys
Intellectual Property Law Experienced and Affordable IP Protection

Patents and the Patent Process Introduction to Patents A U.S. Patent may be granted for any new, useful and nonobvious product or process. Even improvements to current inventions or technologies may be patentable. In fact, a complex device or method may result in multiple U.S. Patents. A Registered Patent Attorney can help you identify the patentable components of your idea or invention to develop a comprehensive patent portfolio. Once issued, a U.S. Patent gives you the right to exclude others from Making, Using, Selling, Offering for Sale and Importing your claimed invention for up to 20 years from the filing date. During this time, the Inventor can sell, license or assign the rights to others. Alternatively, you may want to block your competitors from expanding into other areas of business. Our group refers to these strategies as offensive and defensive patenting. Patent Search A patent search may be conducted to evaluate the state of the art or to determine whether or not an invention may be patentable. Although a patent search is not a requirement, it is usually a pretty good idea. Advantages of having a patent search conducted are: Researching whether the invention is new or nonobvious Identifying similar inventions to design around Reducing the likelihood of patent infringement Our patent search is carried out by a licensed patent attorney. The results of our patent search are provided in the form of a bound report and accompanying CD. The patent search report includes: A paper copy of each patent or published patent application identified in the patent search An electronic copy (CD) of each patent or published patent application identified in the patent search A letter from a patent attorney including: A description of the patent law requirements for usefullness, novelty and nonobviousness A description of the patent search parameters A summary of each identified document One or more patent strategies Preparation of Patent Applications A patent attorney should be consulted for the preparation of a patent application. Patent attorneys are aware of the formal requirements and can help identify the patentable components of a complex invention. A patent attorney (also called a patent lawyer) is a lawyer licensed by a state bar and licensed by the United States Patent and Trademark Office (USPTO). Depending on the Invention and patent strategy, a patent attorney will recommend at least one of a variety of patent applications. Each may have different requirements. More information regarding each type of patent application is provided below: a U.S. Utility Patent Application; a Provisional Patent Application; a Design Patent Application; a PCT patent application Once a patent application is filed with the United States Patent and Trademark Office (USPTO), the Inventor can mark the invention “patent pending." The term "patent pending" notifies the public that the Inventor is seeking patent protection on the invention and a patent may soon issue. Information Disclosure Statement (IDS) While the patent application is pending, the Inventor has the duty to provide all known references that may affect patentability of the invention to the patent examiner. References are submitted in the form of an Information Disclosure Statement (IDS). Frequently, the results of a patent search are provided as the IDS. The patent examiner will evaluate the IDS, conduct a patent search and determine whether the invention is useful, new and nonobvious. Office Action Frequently, inventions are initially rejected over one or more statutory requirements (as intepretted by the patent examiner) in what is called an Office Action. A response to the office action can be filed. A patent attorney should be consulted to identify which of the following would be the best route: Providing Arguments that distinguish the invention from the documents cited in the Office Action Amending the patent application to distinguish the invention from the documents cited in the Office Action Abandoning the application Once the proper response is filed, the patent examiner considers the response. The patent examiner may issue another Office Action rejecting all or part of the invention or may provide a notice of allowance. Issuance A patent will issue once all pending claims have been deemed allowable and the issue fee is paid. An issued patent grants the owner the right to exclude others from making, using, selling, offering for sale or importing the claimed invention for approximately 20 years from the filing date (although patent term may be extended or shortened). Maintenance Fees An inventor must pay maintenance fees periodically to keep the patent valid. Additional Information Additional patent information including brochures, blogs, podcasts may be may be found on our media page. sitemap	Biotech Beach Law Group PC 625 Broadway, Ste. 1210 San Diego, CA 92102 Phone: (619) 238-1179 Toll Free: (866) 875-9562 Send Email:click here Directions Google Map Google Satellite Mapquest
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