Los Angeles, CA asked in Patents (Intellectual Property) and Intellectual Property for Oregon

Q: Could someone please explain the process of obtaining a patent, and how I can find patent lawyers that fit my product?

2 Lawyer Answers

A: The Process of Obtaining a Patent

1. Determine Patentability: Assess whether your invention is eligible for a patent. The invention must be: Novel – New and not publicly disclosed. Non-Obvious – Not an obvious improvement to someone skilled in the field. Useful – Functional and has utility.

2. Conduct a Patent Search: Perform a thorough prior art search to check for similar inventions. This can be done using resources like the USPTO database, Google Patents, or with the help of a patent attorney.

3. Decide the Type of Patent: Utility Patent – For new and useful processes, machines, compositions of matter, or improvements. Design Patent – For new, original, and ornamental designs. Plant Patent – For new varieties of plants that can be reproduced asexually.

4. Draft the Patent Application: Prepare a detailed description of the invention, including: Background of the invention. Detailed description of how it works. Claims that define the legal scope of the patent. Drawings to illustrate the invention.

5. File the Patent Application: File the application with the United States Patent and Trademark Office (USPTO) or relevant international office. Options include: Provisional Application – A temporary filing that gives you 12 months to file a full utility patent application. Non-Provisional (Utility) Application – A formal filing reviewed by the USPTO. Design Application – For ornamental designs.

6. Respond to Office Actions: The USPTO examiner may issue an office action with questions, objections, or rejections. You (or your attorney) must respond with clarifications or amendments.

7. Patent Issuance: If approved, pay the issue fee to receive your granted patent. Maintain the patent with periodic maintenance fees.

Finding a Patent Lawyer

1. Identify Specialization: Look for patent attorneys with expertise in your invention’s field (e.g., mechanical, software, biotech). Check their technical qualifications (e.g., degrees in relevant sciences or engineering).

2. Search Online Directories: Use the USPTO Registered Patent Attorney/Agent Search Tool to find licensed practitioners.

3. Network and Referrals: Ask for recommendations from peers, inventors, or professionals in your industry. Join inventor associations or attend trade shows where patent attorneys may present.

4. Consultations: Meet with several attorneys to discuss: Their experience in handling similar inventions. Their approach to patent applications. Costs (e.g., flat fees vs. hourly rates).

5. Evaluate Fit: Choose an attorney who: Understands your invention. Offers clear communication. Has a track record of successfully obtaining patents in your field.

James L. Arrasmith
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Answered

A: To obtain a patent, start by identifying whether your invention qualifies. It needs to be new, useful, and not obvious. Research existing patents to ensure no similar ideas are already patented. This step can save time and money if your idea overlaps with existing work.

Once you confirm your idea is unique, draft a detailed description of the invention, including its function, design, and any processes it involves. You’ll also need drawings or diagrams that clearly illustrate your concept. Submit your application to the United States Patent and Trademark Office (USPTO) or your country’s equivalent, which will review your submission and either approve, deny, or request additional information.

To find the right patent lawyer, look for one with experience in your product's industry. For example, if your invention is a mechanical device, someone with experience in mechanical patents can provide tailored guidance. Reading online reviews, checking credentials, and consulting others who have obtained patents can help you choose someone who aligns with your goals. Be clear about your needs when contacting a lawyer to ensure they can assist with protecting your invention effectively.

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