The Patent Process

The patent legal system is designed to provide government protection to inventors for their new scientific and technological contribution to society. Patents are an exclusive right the federal government grants to the inventors of new and useful machines, articles, substances, or processes.

Prior Art Search

While the Patent and Trademark Office does not require an applicant to conduct research before submitting the patent application, it makes a lot of sense the applicant to do so. That is because the prior art search can give the applicant a good idea whether or not his idea is patentable.

An experienced patent attorney or a patent agency, such as InventHelp, will always conduct of prior art search before starting a patent application. This will help the patent attorney better define the scope of the patent and allow him to anticipate objections from the patent examination. Importantly, an experienced patent examiner will not limit his prior art search to only United States patents. He will also search international patents, most importantly Japan and Europe, and he will also search non-patent sources. Non-patent sources would include items like periodicals, books, and the Internet. Notably, the PTO can use the applicant’s own prior art against the current application.

Patent Applications

The United States government will only issue a patent after the patent applicant has completed the patent prosecution procedure in the United States Patent and Trademark Office.

The first official step in the patent process is when a patent applicant files a patent application in the Patent and Trademark Office, as described in 35 USC section 111.

The application must fully describe the invention and enable one of ordinary skill in the art to make and use the invention. The application typically includes a complete description of the invention, claims defining the invention, and a drawing further illuminating the nature of the invention.

Once the United States PTO receives a patent application, the application will go to an examiner in the relevant technical field.

Patent examiners have technical training in many different fields, and each application is assigned to an examiner who is knowledgeable in that particular type of technology.

The patent examiner performs a search to see if the same or similar technology has already been claimed in a patent or publicly disclosed in other types of publications. The patent attorney prosecuting the patent will disclose relevant prior art to the patent examiner. Even though the patent attorney has no obligation to conduct a prior art search before submitting the patent application, he must submit any known relevant prior art as was stated in this https://knowtechie.com/change-the-world-with-support-from-inventhelp/ article as well.

Once the patent examiner has completed his own prior art search of American and foreign patents, publications, and all other relevant sources, and has reviewed the patent application for all other formal and technical requirements, he will communicate his decision to the patent attorney. This decision will come in the form of an Office Action.