Sunday, March 11, 2012

So You Have an Idea or Invention.

Apply for Patent: What It Means
Do you have something that you have created that you think is the next big thing?  Do you have an idea that is going to make you millions?  If you do, then it is time to start considering applying for a patent.  A patent may not have been something that you thought of at first.  Yet, it is an important step of taking your idea or your plan and making it a reality.  There is an undoubtedly realistic chance that someone else can come up with your plan or have the same idea as you do (or for those that are less than honest, they could steal it!) and you would be out of luck.  The bottom line is that you need to take the time now to consider a patent.


To obtain a US patent, you will need to go through several channels.  The first thing that you need to learn is just what having a patent will do for you.  A patent will provide you with the property rights to the invention, whatever that may be.  It allows you to have the rights to make decisions about what the thought or plan is.  It helps you to keep your idea safe from others, too. 

A US patent is issued from the U. S. Patent and Trademark Office of the US Government.  When you apply for a patent, it will grant you several rights according to law.  The statute states that you will be given “the right to exclude others from making, using, offering for sale, or selling.”  It also provides for those that are trying to import your idea or invention into the United States.  No one can make it or bring it into the country because you have this patent.  This is a powerful piece of paper and one that you need to get a hold of as soon as possible. 

A patent may seem like something that you can put off.  Perhaps you think that the paperwork is just too stressful.  The problem is that someone else may not think so and will file before you.  Should this happen, you can’t get your own patent for the invention down the road.  That is something that you don’t want to have to do.


Apply for Patent: What Filing for One Will Do
When it comes to filing a patent, there are several important things for you to take into consideration.  First of all, you need to understand what a patent is as well as how the process works.  Although there are different types of patents that you can and should file, it is necessary to have an overview of the process to take you on the road to obtaining the patent that is right for your need.  The good news is that the agency has made the process as simple as possible (for the government anyway!) You can get your need started right away and be well on your way to getting the goals that you have accomplished.

Where Do I Go?

The first thought that you will have is just where to go to get a patent.  A patent is actually obtained from the United States Patent and Trademark Office.  You may see this called the USPTO for short.  These offices are located in various areas and you can get through to them right through their website as well.  The process from there is broken down into what type of patent you are interested in.  But, before you get to that point, understand what else happens in the process.

The US Patent and Trademark Office will take your information and then examine it.  This is a governmental agency that you are working with.  They take each application that is provided to them and will then determine if you can obtain a patent for that invention.  They handle the examining of the application as well as the issuing of the actual patents.  Now, just what is this patent anyway?  A patent is a right.  It gives you the right to your invention through property rights.  It gives you the right to keep others from making, using, offering to sell, selling or bringing in a product into the country that is similar or the same as your own.  A patent is issued just for a limited amount of time. 

If the United States Patent and Trademark Office decides that your invention is unique enough, they will issue a patent to you for a limited time frame.  Once this is done, it is up to you to make sure that no one takes advantage of your patent.  In other words, you have to enforce the patent from this point on.


Apply for Patent: Filing A Utility Patent
Do you have a new idea and would like to file a patent for it?  There are several different types of patents that you can take full advantage of.  The fact is that it is important that you file the correct type of patent so that you can insure that you have the best results for your individual situation.  The United States Patent and Trademark Office is the place to go to file any patent.  Yet, it is important to note that there are various types of patents that you will need to select from.  For example, you may need to tap into getting a utility patent.

What Is A Utility Patent?

Those that are looking to patent their invention in the area of these subjects will want to consider just how to go about getting their patent through the United States Patent and Trademark Office.

•    A new and useful process
•    A new and useful machine
•    A new and useful article of manufacture
•    A new composition of matters
•    An improvement to any of the above stated conditions

If you have an invention that deals with any of these subjects, it is important that you file the correct patent for it.  You will need to provide a good amount of information about your invention such as the title, the detailed description, the summary of it, background of the invention as well as drawings and sign off on various oaths.  This information is vitally important to those that are working in the patent office because they will need to go through your application with a fine tooth comb, looking at just how similar it is to others out there or even if it is a viable choice.

Once this is complete, and the paperwork has been filed, you may or may not be able to get your patent.  The US Patent and Trademark Office will determine if in fact the patent is a good choice and then make sure that you have all the necessary legal backing for it.  Once this has been complete and the office determines that you are eligible for a patent of utility, you will then be able to secure the necessary paperwork to keep others from using your invention without your consent.


Apply for Patent: Filing Electronically
When it comes to filing your patent, did you know that you may be able to do this right over the web?  As electronic as our world has become, you can now handle virtually every step of the patenting process right on the web.  That makes your life a bit easier, right?  It is important to take into consideration several key factors about these patent applications, though.  Remember that the process for doing this is very important and it can be very unique.  If you plan to file your patent on the web, make sure that you work with an educated individual to help you through the process.

What Is EFS?

EFS or Electronic Filing System is a great new way to file a patent on the web.  Actually, you can use it to submit computer readable format biosequence listings as well as pre grant publication submissions and of course patent applications.  Once you file completely using this method, you will find that the United States Patent and Trademark Office has received your information and should be in the process of processing it.  This is all done right over the internet, allowing you to handle the steps of filing right away and just as easily as sending an email.  Well, perhaps that is pushing it!

It is important to note, though, that not all types of patents can be done in this manner.  You can file a utility patent application in this manner as well as a provisional applications, patent assignments, computer readable format biosequence lists, electronic information disclosure statements also known as eIDS and pre grant applications through this process.

Unfortunately, those that need to file a design application, a new plant application, a reissue patent application, an international patent cooperation Treaty or a reexamination application will not be able to use the EFS system to file their patent needs.

Why use this method?  For one, it is something that many people feel comfortable with doing in this day and age.  Although it is not the right choice for all, it is a great way for the busy people out there to get their patent into the US Patent and Trademark Office quickly and easily.  Although, it is still advisable for you to work with a skilled attorney or expert at filing your patent application, it is still something that you can do on your own if you would like to.


Apply for Patent: Filing A Design Patent
What type of patent do you have?  Did you even know that there were different types of patents out there that you could be filing for?  Those that have a new idea or have come up with a plan to accomplish something need to make sure they get that plan down, in writing and submitted to the United States Patent and Trademark Office as soon as possible.  By doing this it will help to prevent your idea or invention from being used by others whether just by chance or by the fact that you allowed someone else to know about it.  The fact is that getting a patent is a necessary thing to do and the process for getting one does not have to be challenging or overwhelming.

Do You Have A Design Patent?

For those that are going to be filing a patent, it is important for you to know which patent is the right one to file under.  You see, when you apply for a patent, you will be submitting an application for it through the governmental agency of the United States Patent and Trademark Office.  The process requires a great deal of paperwork and a good amount of time to complete.  Unfortunately, with a design patent, you will need to submit it directly to the office as they do not allow for these patents to be done through their EFS or Electronic Filing System.

For a design patent, you will need to have a very specific type of invention.  That is, it will need to be something that is a new item, an original item and something that is ornamental design in the field of an article of manufacture.  If this is the type of invention that you have created, a design patent application will be necessary.

When it comes time to fill out that patent, you will need to provide figure descriptions, providing details of the invention, elements of it, black and white photos of it, surface shading and drafting symbols, various views of it and much more.  All of this information will then be used by the US Patent and Trademark Office to determine the correct requirements. 

If and when they determine that your invention is unique enough, they will then issue a patent to the inventor, allowing you exclusive rights to your invention.


Apply for Patent: Filing A Plant Patent
For many Americans, the process of applying for a patent seems like something they never thought they would be doing.  Although most learned about it in school and how wonderful it would be to have your own patent, very few would go on to use that information.  If you are the unique ones, the creative genius and the individual looking to make their invention something that takes the world by storm; it is time to get a patent into place.  This is a piece of paper that will give you the rights you need to accomplish the goals that you have.  In short, it is a necessary choice for you to make.  What’s more is that you need to file for the right type of patent along the way.

What Is A Plant Patent?

This type of patent is specific to a certain area of inventing.  You can obtain a plant patent through the United States Patent and Trademark Office if your invention relates to this field.  It includes the invention or discovery and asexually reproduced some type of new and distinct variety of a plant.  That is, it must be other than a tuber propagated plant or one that is found in an uncultivated state. 

This is a very unique patent, indeed!  If you have this type of plant and would like to have your idea patented, it is necessary for you to file an application with the United States Patent and Trademark Office as soon as possible to secure your rights to the plant’s design and sale.  This type of patent actually lasts for 20 years during which times no one can create, reproduce or in any way sell your plant without your prior written okay.

There are certain qualifications for your plant patent.  For example, this type of patent is selected for those that have any living plant organism that has it own set of characteristics that is determined by its genetic makeup that can be duplicated through asexual reproduction.  It recognizes sports, mutants, hybrids as well as transformed plants.  Also included are algae and macro fungi but bacteria is not considered to be a plant.

If you have this type of plant, you will want to secure a plant patent for it as soon as possible to insure your property rights of the plant itself as well as others like it.
Apply for Patent: Finding the Right Person to Help
When it comes to applying for a patent, it is very necessary to select the right type of person to help you through the process.  Why should you hire someone else to help you to handle your patent needs?  There are plenty of reasons including the fact that this is a governmental agency we are talking about!  The fact is that there are many forms, application paperwork and details to insure prior to selecting the right type of patent to apply for.  There are deadlines, secrecy concerns and a wide variety of other situations for you to take into consideration.

If you don’t hire someone that has professional experience to handle your patent needs, it is very likely that you will need to do the work yourself and that may take longer to handle.  It is hard work.  The United States Patent and Trademark Office provides you with a number of different options to consider.  For example, you can find a local attorney or a patent expert in your area to handle the process for you.  Or, you can work directly with the agency if you choose.  In addition, you can work through the online forms for certain types of patents.  In short, there are many ways to get it done, but what is the right one?

There are several benefits to getting help in filing your patent.

1.    You have someone that has experience in doing this and can walk through the steps easily.
2.    You have someone that knows what details are needed as well as how they should be presented.
3.    You also have someone that knows what to look for to insure that your patent is available as quickly as possible.
4.    They know how to check to insure that no one else has a patent of any item that is similar or the same as yours.
5.    They provide you with the ability to do all of the hard leg work while you continue designing and implementing your invention.

As you can see, there are a number of reasons why you should consider hiring a professional to handle your patent application.  If you don’t do this, you will need to get a good education in the process as well as provide yourself with the necessary tools to make it happen successfully.
 

Apply for Patent: Why You Benefit
The process to obtaining a patent is one that is long and can be challenging.  You have to submit the necessary paperwork in the right manner and do it all within the specific time frame given.  Yes, it can be a challenge, but it is a challenge than any invention designer should take care of. If you don’t realize it, it is a very difficult and rewarding process.  Once you have that patent in your hand, you know that someone else out there has not created anything that is like yours.  You know that someone out there knows what you are going to change the world with in a little or even a large way.  The satisfaction of having a patent in hand is awesome.

Yet, this is not the only reason for you to want and need to have a patent for your needs.  It is also important to realize that a patent can provide you with the necessary protection that you need.  For example, let’s say that your new invention is something that you are very proud of.  You tell a few people, and they too think it’s just great.  In fact, someone things it is an awesome idea and he tries to get more information from you, may even want to check it out.  Sooner than you know it, he too has designed a new invention just like yours and has a patent in hand from it.

Of course, a situation like this is not as common as the movies like to make it out to be.  Yet, it is something that can and does happen.  More often then not, though, someone you have never met or have had any contact may design something that is similar enough to your creations and get their patent in before you do.  If they are close enough, and you didn’t get your patent in first, guess who doesn’t get one?

Getting a patent may be a long process and yes it does take some time to do.  Yet, having it in hand gives you the property rights to it and that should make you really happy to know.  Take a few minutes to determine if a patent is in order.  Then, make the decision to make sure that no one can take your idea.


Apply for Patent: Getting the Right Information
You have decided that today is the day.  You finally have your invention together and you know that it is going to be one of the best things to take over the world with.  Even if it is not as grand as that, it is still something that you know you have to patent in order to safeguard from others.  But, how will you do this?  There are several key things to keep in mind.  In fact, you may want to decide to get a qualified candidate to help you with the process of applying for a patent through the United States Patent and Trademark Office.

First things first, you need go gather information.  In short, the best place to get that information is to look for it directly at the United States Patent and Trademark Office website.  There are countless opportunities for you to gain information there.  You can find all sorts of things such as these.

•    Learn what type of patent you should be filing.  Plant, design, and utility are just a few of the options that you have when it comes to patents that are offered by the agency.
•    Learn how long that patent will last as well as what the patent will cover your invention from.
•    You can search through a database of patents that go back to 1790 and find out if anyone has anything out there that is quite like yours.  This tool is great to learn who actually invented something, too.
•    Learn about the patent classification as well as how to protect your patent during the process of applying for one.
•    You can take a look at important notices and learn about the office’s policies.
•    Take the time to consider the various methods of providing your application to the US Patent and Trademark Office.
•    Learn all the necessary paperwork and the steps that it takes to actually apply for the patent itself.

When you want to learn how to apply for a patent, one of the best resources for you is the United States Patent and Trademark Office’s website.  It provides the most comprehensive information for you to take to the bank so that no one can walk away with your amazing new invention.


Apply for Patent: Taking Your Invention to the Next Level
Did you know that the United States Patent and Trademark office is determined to provide you with the highest quality service out there?  If you have something that you consider to be the next big invention, you need to have a patent taken out on it.  Why should you do this?  The question is easy to answer.  If you don’t get your patent, someone else will and then it will be too late for it.  If you are going to do this, the best place to start is with that US Patent and Trademark Office which provides the necessary information, forms and frequently asked questions to insure that your patent is applied for in the most proper of methods.

But, this office also goes one step further.  You can find a wealth of information on the site that can provide you with the education that you need to make the right decisions about your invention.   One of the first things that you will need to do is to insure that you have the right attorney and experts at your side.  The Patent Office can help to provide this information to you because it lists many of the attorneys available for the task right at their site.  Of course, you can also find someone on your own, if you like.

Another important thing that the department provides is that of learning what to do next.  Do you know how to find companies that will take your patent and invention and make them into stars?  Do you know of the right methods to marketing your invention for its full success?  These are things that the Patent Office can provide help for too.  Although you may not realize it, the Patent Office is an ideal place to learn anything and everything there is to know about your patent.

When it comes time to patent your invention, one of the best resources that you have at your fingertips is that of the United States Patent and Trademark Office.  With this tool, you can make sure that your patent is filed correctly as well as taken to the next level at its fullest degree.  If you are ready to get started, make the right choices from the start.


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