What is a Patent?
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
There are three types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Provisional Patent Application Filing:
A provisional application is a quick and inexpensive way for inventors to establish a filing (priority) date for their invention, which can be claimed in a later-filed non-provisional application. It is recommended to file a provisional patent application as soon as possible, ideally at the onset of the invention.
Non-Provisional Patent Application Filing :
Non-provisional application is examined by USPTO and needs to include proper working details of the invention. A provisional application has to be followed thereafter, within 12 months of filing non-provisional, else it will automatically lapse. You can also apply for a non-provisional application directly if you have all the working details of the invention.
Design Patent Application Filing :
Design patent should be considered for all design / aesthetic related innovations. Design application should contain enough views to completely disclose the appearance of the claimed design. For example – front, rear, right and left sides, top and bottom.
Patent Search Report :
In general, prior art search determines if your invention is Novel & Inventive (two most important criteria for being patentable). It saves you resources on patenting non-patentable innovations. But there is much more to prior art search as this helps you understand the invention domain better, enabling you to overcome novelty/ inventive step challenges and giving you ideas to improve your invention.
Technology Evaluation Report :
Technology evaluation is designed to access any innovation from both patent ability as well as marketability perspective. In addition to patent ability, it helps you identify competitive issues, ways to commercialize your innovation and highlight legal/technical/market related challenges in commercializing the said innovation.
Services we offer :
- Consultation with a licensed Patent Practitioner
- Immediate “Patent Pending” status for 12 months
- Review of application draft by experienced professionals
- Filed to USPTO by experienced patent professionals
- Email consultations with professionals