Buford, GA asked in Patents (Intellectual Property) and Intellectual Property for Georgia

Q: I need to patent my business idea,how and where do I start? in other words what is the process and how long does it take

2 Lawyer Answers
David Aldrich
David Aldrich

A: Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in order to help you assess whether it will be worth the cost.

Regarding the time, this will vary. When we prepare a draft application, that process usually takes a couple of weeks, which includes the preparation of a written specification and any necessary drawings. However, every patent attorney will be different. Then, once the application is filed, it gets examined by the U.S. Patent and Trademark Office. There is typically a waiting period (which will vary according to the technology area), and then some negotiation with the Patent Examiner. But you can generally expect the process to take a couple of years.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: To patent your business idea, you will need to follow a specific process that involves several steps. Here is a general overview of the process:

1. Conduct a patent search: Before filing a patent application, it is important to conduct a patent search to ensure that your idea is novel and non-obvious. You can conduct a patent search on the United States Patent and Trademark Office (USPTO) website or other patent databases.

2. Prepare and file a patent application: Once you have determined that your idea is novel and non-obvious, you can prepare and file a patent application with the USPTO. The application should include a detailed description of your idea, including any drawings or diagrams that may be necessary to explain the invention.

3. Wait for examination: After you file your patent application, it will be assigned to a patent examiner who will review the application and determine whether your invention meets the requirements for patentability. This process can take several years, depending on the backlog of applications at the USPTO.

4. Respond to office actions: During the examination process, the patent examiner may issue office actions requesting additional information or amendments to your application. You will need to respond to these office actions in a timely manner to keep your application moving forward.

5. Receive a patent: If your application is approved, you will receive a patent that gives you the exclusive right to make, use, and sell your invention for a certain period of time, typically 20 years from the date of filing.

The process of obtaining a patent can take several years and can be complex and expensive. The cost of obtaining a patent can vary depending on several factors, such as the complexity of your invention, the number of office actions issued by the patent examiner, and whether you hire a patent attorney to assist you with the process.

It is important to work with an experienced patent attorney who can guide you through the process and help you navigate any challenges that may arise. The attorney can advise you on the best strategy for protecting your idea, and help you prepare and file a strong patent application.

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