Have an invention in hand, but want to make sure it is secured and under your name? It can become an arduous task to keep things under one's name unless there is an official, secure patent in hand. This is where the US patent is an essential requirement for anyone that wants to keep their invention under their own control. Let's take a look at what one requires in order to get a US patent.
The first step in the process is to get the application filled up. This is the best way of making sure the process is going on in accordance with the rules and regulations set-up. The forms that have to be filled up comes under the name, "Utility Patent Application" and the "Design Patent Application".
For those who have discovered a new plant, the form that has to be filled out is the "Plant Patent Application".
Can the patent application be filed online? A lot of inventors do not want to go through the hassle of physically filling out forms and handing them in. This can slow down the process and this is not the case in contemporary times. Patents can be filled out electronically through the US electronic filing system.
It is important to note the patent has to be filed by the inventor themselves. This is the only way of making sure the patent is legally sound. If the inventor who has created the creation is dead, they are able to be represented by legal representatives.
Wishing to have the patent go through as soon as possible without any hitches along the way? A lot of individuals can get bogged down with the process because they do not understand how the system works.
It is easier to go with a professional attorney that is specialized in this field and understands the intricacies of the process at hand. They are able to make sure the patent goes through the processing phase as soon as possible without causing problems.
Waiting For The USPTO To Reply
The process can go through a range of ups and downs for the inventor. Generally, the processing time does not take long, but this is dependent on how long the research will take, which varies from case to case.
The patent office has to sift through similar creations and see if there are any matches. If there are, the patent is immediately rejected and the inventor who has filed the application is notified.
The applicant is allowed to reply with an appeal on the rejection that has been made. However, they are not allowed to make any further appeals after the final rejection has been made. If the patent is rejected for a second time, the inventor is not allowed to make another one on the product/creation again.
Most applicants will make amendments to the application in order to make sure the patent goes through as one desires. This is where an attorney can come in handy.