Patent process

During the initial consultation, we discuss the overall patent process which is also briefly discussed below. We discuss the types of profitable activities during various stages of the patent process.

Core concept #7

1.  Conduct patent search

The first step in seeking patent protection is to conduct a patent search.  The patent searching step is optional but is often helpful to inventors in deciding whether to file a patent application.  If the patent search comes out positive, then this means that the Patent Office is likely to grant you a patent on your invention.

2.  Prepare and file patent application

The next step is to file a patent application.  The process of preparing and filing a patent takes about 4 - 6 weeks.

3.  Market your idea

After the patent application is filed, then you wait for the Patent Office to examine your patent application.  You will wait about 2-3 years upon filing a utility patent application and about 9 months if you are seeking protection through a design patent application.  Although the waiting period may be long, this period of time should be constructively utilized to determine marketability of the invention, seek potential licensees and investors of the patent pending invention.

4.  Respond to office action

Upon examination, the Patent Office will render an official stance on whether to grant you a patent on your invention.  The official stance will be documented through an Office Action which will provide a detailed explanation of the grant or denial.  Most patent applications are initially rejected by the Patent Office.  It is crucial to obtain competent legal representation from a patent attorney who will be able to represent your interests before the Patent Office.  We will respond to the Office Action.

5.  Issue, appeal or abandon

After filing the response, the Patent Office may maintain the rejection or allow the case to go to issuance.  You can always opt to abandon the patent application should you feel that it is not a sound business decision to continue moving forward with the patent application.

6.  Schedule an Initial consultation

For new inventors, the initial consultation is the first step in protecting your invention.  It is the most important step in the process of patenting your invention since we cover all of the core concepts.

Contact me at (949) 433-0900 to schedule your initial consultation.

CORE CONCEPTS

1. Define the invention
2. Review of the prior art
3. Explore different ways of protecting your intellectual property
(i.e., patent, trademark, copyright and trade secret)
4. Foreign protection
5. Ownership
6. First to file under the America Invents Act
7. Patent Process
8. Questions and answers
9. Recommended next step(s) and estimated fees