Thứ Sáu, 8 tháng 6, 2018

What is the process to apply for a patent?

BY Tuan Nguyen IN , No comments


1.The application is drafted. There are two major sections: the claims, and the support for the claims in the form of drawings and description of the drawings.

The claims are what you will actually have patented if your patent is allowed; something like “1. A method for teleporting a person from a first location to a second location, comprising: determining a layout of atoms of a person, creating a wormhole between the first location and second location using a nuclear fusion flux capacitor, sending the atoms of the person through the wormhole, and reassembling the person using an electronic atom manipulator and the determined layout.” “2. The method of claim 1, wherein the layout is determined by a portable electron microscope.” and so on. The description and drawings have to illustrate and provide sufficient technical detail that an ordinary engineer or specialist in the relevant field would be able to recreate your invention from the information provided.

2.The application is filed, along with various administrative forms where the inventor affirms they are the true inventor, the inventor/attorney disclose any relevant prior art they are aware of, and initial filing and search fees are paid.
3.The patent office will do a preliminary check to ensure that the formal requirements have all been met, like paying all fees and having legible text and drawings, and will let you know if anything is missing.
4.Within about a year to a year and a half, an examiner will determine if your claims are valid, patent-eligible, and aren’t already done by or obvious in light of what exists in the prior art.
5.If the examiner does reject your claims, you’ll have an opportunity to change the claims and/or argue why the claims should be allowed.
6.If the examiner is not convinced, you’ll have to decide whether to pay fees to reopen examination and repeat step 5, appeal the rejection to a review board (which can take several years), or abandon the application.
7.If the examiner is convinced, your patent will be granted, and you’ll pay some issuance fees and have an official copy of the patent mailed to you. You’ll be able to license the patent or keep competitors from practicing the invention


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