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A U.S. patent for an invention is the grant of
"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.
The following describes the basic
steps in the application process. Each application is
different and may need some additional research. Others
are less complex and can be processed in potentially less time.
Many patent applications will follow these
basic steps:
Disclosure:
A disclosure highlighting the invention in the inventors
own words is generally the first step in pursuing a
patent. Based on the disclosure, we can either perform a
novelty search or begin to prepare a patent application.
Novelty Search:
A novelty search involves searching one or more public
databases for materials similar to what is described in
the disclosure.
Continuance:
Once the novelty search is performed, a decision is made
whether to continue on pursuing patent protection.
Draft Application:
An attorney will prepare a patent application by
converting the invention disclosure into a draft
application. An approach where drafts are sent between
the inventor and the attorney normally provides the best
results.
Revisions:
The inventor reviews the draft application and makes any
changes, modifications, or revisions as needed. In some
cases this step is not needed.
Application:
Once the inventor is satisfied with the draft application, the draft
application is filed with the United States Patent Office
and becomes a patent application and is assigned a serial
number.
Patent Office Response:
The Patent Office normally responds to a patent application within approximately 1-2 years
of the filing date. The Patent Office may respond with
an acceptance of all the claims, a rejection of all the
claims, or an acceptance of some claims and a rejection of other claims.
Applicant Response:
A response is then prepared with appropriate input from
the inventor when requested. While the majority of our
cases only require a single response to the Patent
Office, some cases, depending on the particular art, may
require two or more responses.
Issue of Patent:
If issues are resolved with the Patent Office, a number
of formal details are taken care of and ultimately, a
patent will issue.
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Christopher P.
Maiorana, P.C. Telephone: 586-498-0670
Fax: 586-498-0673
Copyright
© 2003 CHRISTOPHER P. MAIORANA, P.C. All rights
reserved.
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