Simple Steps to File a Patent in USA

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Simple Steps to File a Patent in USA

• The United States records the most number of
  patent requests each year among all the countries
  in the world. In 2020 alone, the USPTO granted
  over 650,000 utility and design patents. Are you
  also planning to submit a patent application any
  time soon? If yes, then this blog will inform you
  in detail about all steps you need to follow to
  secure a patent that offers maximum protection.
• Step 1 Check Patentability
• When you are planning to patent an invention or
  an idea, start by confirming its patentability.
  Your invention is patentable if it falls within
  any one of the following categories
• A machine,
• A process,
• A new manufactural product,
• A composition of matter, or
• An improvement to an existing invention.
• Further, do keep in mind that you dont need a
  prototype to file for a patent. All you need is a
  well-drafted written specification with
  drawings. So in case you are wondering how to
  sell an app idea, filing for a patent and then
  reaching out to potential investors and buyers is
  a strategy that you should consider.
• Step 2 Create Business Plan
• Preparing a business plan is crucial to your
  patent filing process. With a business plan in
  hand, you will have a clear idea about who
  exactly your target audience is, what is the
  purpose of your invention, and how useful it is
  to the end consumer.

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• The business plan will also help set clear goals
  and expectations as far as the commercial
  potential of your invention. Overall, with a
  business plan in your hand, you will be able to
  make a more informed decision about the patent
  application you should choose, which brings us to
  the next equally important step in your idea to
  patent journey.
• Step 3 Choose Between Provisional or Non-provisi
  onal Patent Application
• Now we can all agree that the patent filing
  process can be both costly and time-consuming.
  Ideally, it would take anything between 2-3
  years for you to get a patent grant. You can
  expedite the process by paying the early
  publication fee, which will cost you an
  additional 5000-6000.
• Now when it comes to the patent application, you
  can choose between provisional and
  non-provisional patent applications.
• What is a provisional patent application?
• A provisional patent application, as the name
  suggests, is not a patent certificate, but only
  an interim legal document that grants the
  inventor 12 months to apply for a utility patent.
  The provisional patent application is never
  reviewed by the USPTO.
• Think of a provisional patent as interim
  protection that buys inventors the time to test
  every aspect of their proposed idea or
  invention. Once the inventor is 100 assured
  about the novelty, uniqueness, and usefulness,
  he or she can apply for a non-provisional patent.
• The cost of filing a provisional patent is
  between 2000-3000.
• What is a non-provisional patent?
• Generally, when we talk about patent filing, we
  are referring to a non-provisional patent
  application. In provisional patent applications,
  there is no need to submit claims for the
  patient. It is simply a disclosure by the
  inventor about the idea or product. But in
  non-provisional patent applications, all claims
  have to be submitted and all formalities have to
  be carried out. The patent application is
  reviewed by a patent examiner on behalf of
  Patent Services USA.
• Step 4 Prepare Draft for Your Patent Claims
• There are certain rules that you have to follow
  while drafting and filing your patent
  application. Heres a brief overview of the
  things you should follow to ensure that your
  patent application is well packaged and claims
  are correctly understood by the patent examiner.
• Title The title of your draft must be broad and
  uninventive. As an investor, you may be prompted
  to make it more informative and detailed. But,
  the rule-less is more, could not be more apt for
  the title.
• Technical Specs After the title, you will have
  to describe the technical specifications. Again,
  the general rule of thumb is to stay away from
  specificity and keep the description so that it
  gives the examiner a clear idea of the technical
  area the invention belongs to.

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• Statement of Invention When writing the
  statement of the invention should highlight the
  problem the invention solves along with the
  technical specification that makes the solution
  unique and novel
• Detailed Description You should clearly define
  and explain at least one real-time application of
  the invention. This must be well supported by
  technical specifications, figures, and drawings.
• Claims This is a very important section of your
  patent application. It will more or less decide
  the
• scope of the protection offered by the patent
  grant. The claims you seek from the patent should
  be new, novel, non-obvious, and fully supported
  by the disclosure.
• Along with clearly identifying the protection
  desired, the claim should also clearly define the
  essential features of the invention. You can
  also choose to draft the claim section first and
  then prepare the rest of the patent application.
• Abstract This is the last section of the patent
  application. The purpose of the abstract is to
  highlight the essential technical information as
  well as improve the search ability and
  findability of the patent application. In simple
  words, once the patent is published by the USPTO
  it must be easily discoverable when being
  searched for.
• If you are not familiar with legal drafting,
  preparing the draft of your patent application
  can both be tedious and time-consuming. In the
  worst case, you may risk compromising the scope
  of your patent. Thats why hiring a patent
  attorney is always a wise choice to make.
• However, it is still important that you review
  the draft prepared by the attorney. You should
  ensure the draft perfectly defines the
  objective, the uniqueness, and the usefulness of
  your invention.
• Step 5 Submit Your Patent Application
• Once your patent application is ready, it's time
  to submit it before the patent examiner. Ideally,
  it will take some time for the USPTO to review
  your patent. When the patent examiner finally
  reviews your patent, he will conduct independent
  art research to ensure that your claims are
  accurate and justified.
• Depending on the finding of the research, you
  will receive a formal response. In case the
  patent examiner feels that your invention isnt
  novel or unique, then you are in your right to
  respond and appeal the decision. You should also
  file a continuity application. In case you
  havent hired an attorney yet, now is the time
  to do so.
• Step 6 Patent Granted
• It is within the powers of the patent examiner to
  either accept or reject the patent application.
  If the examiner is convinced, the patent is
  granted in exchange for full disclosure of the
  invention, the USPTO will publish the details of
  the application to the public. Congratulations,
  your invention is finally patented.
• Final Words
• We have more or less considered all the steps
  that you need to follow to file for a patent.
  Please keep in mind that patents are never
  granted easily. Its a long and tedious process.
  At times you may have to face rejection and
  prepare multiple back-and-forth responses to
  convince the patent examiner.

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However, there is no reason to lose heart or feel
dejected. Simply focus on your response and most
importantly seek expert and professional advice
wherever necessary. All the best!
Contact us Patent Services USA Address 28 W
Flagler Street, Suite 500 Miami, FL, 33130 Phone
Number- 888-344-6836 Facebook Instagram Twitter
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