You should get a patent if you have a big money idea. You are preparing for if and when you do succeed in your big money idea. You should not get a patent if the invention is a small money idea. The cost of the patent is excessive for the amount of money you can make on your invention. Also, you should not get a patent if the goal is to avoid infringement. You will not … [Read more...]
Patent application process
The patent application process includes three main time frames: 1) before filing patent application, 2) after filing a patent application and 3) after patent grant. Browse related articles below.
How to avoid patent infringement?
To avoid patent infringement, you need to take three steps: Look for relevant patents related to your product. Review the claims of those patents that you found. Modify your product to design around those patent claims to avoid patent infringement. Look for relevant patents related to your product Oftentimes, inventors show me their product which is based on a … [Read more...]
What is a claim of priority in a patent?
A claim of priority gives you the right to claim the benefit of an earlier filing date for your patent application. In this manner, your patent application would have the earliest priority date possible. Prior art that predates the filing date of your patent application would not be prior art. What's the benefit of a claim of priority? As stated above, you can eliminate prior … [Read more...]
What does antecedent basis mean?
Antecedent basis refers to the requirement that all words in a claim must be explained in the specification so that the words can be clearly understood. Otherwise, the claim will be rejected or invalidated for being indefinite. For example, if you use the word "valve" in the claim, the detailed description must explain whether that is a liquid valve or a heart valve if it … [Read more...]
Can you launch your product if you find its already patented?
You've been working on your invention and you look to see if someone else has already patented the idea. You find a patent similar to your product. Now, you don't know if you can still make and sell your product without infringing on the patent. Are you infringing on the other person's patent? Can you get a patent on your product? Are you infringing on the other person's … [Read more...]
How to write each section of a patent application?
A patent application is difficult to write. The patent application needs to clearly explain how to make and use your invention. The examiner at the patent office, experts, investors, judges, and juries will eventually read the patent application and it should be organized and understandable to all. Note: This guide can help you write your own patent application. If this … [Read more...]
What is the term of a patent?
The term of a utility patent is 20 years after the filing date of nonprovisional patent application with a few exceptions. For a design patent, the term is 15 years after the grant date of the design patent. Term of a Utility Patent Basic calculation As indicated above, a utility patent will expire 20 years after the filing date of the nonprovisional patent application. … [Read more...]
What is a notice of allowance and next steps?
A notice of allowance is an office action from the Patent Office which informs the patent applicant that the claims in the patent application can be patented. To obtain the patent, an issue fee needs to be paid. About 4 to 6 weeks after payment of the issue fee, the Patent Office will grant the patent. What should you do after you receive a notice of allowance? Within three … [Read more...]