Intellectual Property
Inventions
Patents and Patent Law

How do you obtain a patent?

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2010-05-15 02:15:45
2010-05-15 02:15:45

A patent is obtained by filing an application with a fee, having it examined, responding to any objections the examiner has found, and paying a fee to have the patent issued. You must do this for each country in which you desire patent protection. This usually takes two or three years, and often longer.

The laws and regulations for all the parts of an acceptable patent application are very complicated and certain mistakes can leave you with a complete loss of protection of your invention, forever, worldwide.

If you have what you think is a valuable idea, you should immediately discuss it with a patent attorney. In today's world, all but the simplest patent application, drafting, and processing (called "prosecution") requires the assistance of a patent agent or a patent attorney.

It is also important to realize that many products contain numerous inventions, each of which, may be patented separately. Therefore, you often cannot patent a producteasily. Some modern sneakers, for example, may contain four or five patents, three or four trademarks, and a few trade secrets.

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Related Questions


A patent attorney files for patents for inventors. It will involve research and creating the correct wording to obtain the patent.

Are the rules and regulations any different for someone under age 18 who wishes to obtain a patent?

"Patent law" refers to the various laws of nations and international treaties related to obtaining and enforcing patent protection for an invention. It is also closely related to certain aspects of contract law for determination of ownership of the patent rights. See related questions on "What is a patent?" and "How do you obtain a patent?"

A prototype does not have any necessary requirements, and is in fact not even a required in order to obtain a patent. However, if you are interested in including the prototype in the patent I would suggest creating a schematic or diagram of what your patent represents.

As a registered patent attorney, I can tell that you do this by filing a patent application for your particular liquor at the US Patent & Trademark Office and getting that application allowed and issued. It's an expensive process that usually takes the help of a patent attorney. You should expect to pay at least about $10,000 to obtain and maintain a US Patent.

Four seconds on google shows that it was our 16th president.

I don't know what light celluar concrete is, but I do know that you cannot patent something that's already public. A patent for intellectual property is good for 20 years. Once the 20 years is up it's public knowledge. OOPS...I think I meant "utility " patent.

Samuel Hopkins from Philadelphia was granted the first U.S. patent in 1790 for "making pot and pearl ahses." (It was a cleaning formula used for soapmaking.)

A patent attorney specializes in the necessary qualifications to obtain a patent. To become a registered patent attorney in Canada, one must complete a series of exams over 4 days. There are a total of four qualifying exams. Once qualified, a registered patent attorney is given powers under the Canadian Patent Act.

"My company spent sixty million dollars to research a new medicine and was hoping to obtain a patent for it, so that others could not copy it immediately." Little girls sometimes like to wear patent leather shoes. His patent disdain for his supervisor lead to his termination. The government issued a land patent to the gold mining company. These apples cannot be grafted without permission from the patent owner.

Typically they have to pay the patent holder the profits from the illegal gain plus penalties. Unless they obtain a license as part of the settlement, they will have to stop producing the item.

You have an invention that is unique, and you want to obtain a patent. Like in most legal matters, you should not try to obtain a patent yourself. Patent law is complex and requires the services of an experienced patent attorney. You should first understand what is required to be a true patent attorney, before trying to hire one. A patent attorney must have a law degree, along with an undergraduate degree in a technical field, such as computer science or engineering, that has been approved by the Patent and Trademark Office (PTO). A licensed patent attorney must also pass a rigorous test administered by the PTO. Once the attorney has passed the test, he or she is given a PTO registration number and is licensed to practice before the PTO in patent cases. Below are a few simple steps that will help you select the right patent attorney for your needs. Step 1: You should develop a list of patent attorneys who have a background or experience to understand your invention. These patent attorneys can work alone, or in small or large legal offices. Step 2: Personally interview each attorney on your list. Confirm that he or she has the technical background to understand your invention. Also, find out how many patents they have successfully obtained. Step 3: Always get a breakdown of the patent attorney’s method of billing. Patent attorney's fees are based on how complex the process of obtaining the patent will be. Any fees that the attorney quotes should include services for patent search, drawing, application fees and per-appearance legal representation before the Patent and Trademark Office . Step 4: Find out if the attorney has International Patent law experience. If you do obtain a United States Patent, depending on the invention, you may also need an international patent. Conclusion Patent law, national and international, is complex. More than 96 percent of all patent applications are rejected based on legal grounds the first time they are submitted. You will need to be represented by a patent attorney who understands how to address the laws that led to the rejection of your invention and also knows to process you appeal. If you want to obtain a patent for your invention, you will need a patent attorney.

you may obtain a patent for your new use, or method making use of the composition of matter, provided you satisfy patentability requirements, e.g., novelty and inventive step. However you cannot re-patent the originally claimed subject matter - it ould lack novelty.

If it is a U.S. patent, you can go to the USPTO website for patent searches and enter the number in "patent number search". You can obtain the online image of nearly any US patent ever issued (using TIFF format). If you do not know the patent number, you may have to go elsewhere for more information, as the USPTO database prior to 1976 cannot be searched by anything other than the patent number. http://www.uspto.gov/patft/index.html

First step, you should do the patentability search for your invention. You can take help from Patent Agent/Patent Attorney for conducting patentability search. After that, the invention description is written in a specific format as needed by the patent office, and it will contain Title, Abstract, Background, technical description and Claims. The patent specification is filed at patent office to obtain patent application number, and patent application will be published after 18 months from filing date, and next step examination (offical action) to scrutinize the novelty of invention and other requirement of patentability. In case, any objection comes during official action, we need comply the objection to allow the patent application to grant. Finally, the patent will be granted after allowance of patent application.

The best place to start is with the Trademark Electronis Search System (TESS) on the US Patent & Trademark website.

In the U.S.A., the Patent Reform Bill, H.R. 1908, was passed by the House of Representatives on September 7, 2007. It is reported to make some of the most significant changes to U.S. patent laws in 50 years. To obtain the latest status on this legislation, search for HR 1908 at: http://thomas.loc.gov/

A patent is a grant from a patent office, such as the United States Patent Office. "Patent Pending" is a phrase that an application for a patent has been filed and is in some stage in the process of obtaining a patent. Thus, a patent can be presently enforced while a patent that is merely pending is unenforceable but can mature into a patent that can be enforced. Once the pending patent matures, the patent owner can sue for back damages or reasonable royalties starting from the filing date of the patent.

A patent is a grant from a patent office, such as the United States Patent Office. "Patent Pending" is a phrase that an application for a patent has been filed and is in some stage in the process of obtaining a patent. Thus, a patent can be presently enforced while a patent that is merely pending is unenforceable but can mature into a patent that can be enforced. Once the pending patent matures, the patent owner can sue for back damages or reasonable royalties starting from the filing date of the patent.

A patent is a way of protecting your invention or product from being copied. There are different avenues you may want to pursue to obtain your patent. If you choose to go through a lawyer the costs will be much greater than going to your local patent office and requesting their assistance. The costs can range from $100.00 up to several thousand dollars.

You must write down every detail of the invention and have it notarized to get an official date on it. You then need to create a prototype and submit it to the United States Patent and Trademark department.

There are not training offered from the patent office on getting a patent. The patent office advises you to seek guidance from a trademark/patent attorney. A good attorney is highly suggested by the patent office. As a convenience, they have a roster of local Patent Attorneys.

Patent revocation is the removal of patent protection from an invention.

If it is a U.S. patent, you can go to the USPTO website for patent searches and enter the number in "patent number search".


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