Non-Provisional Patent

Understand the Non-Provisional Patent Application

A United States non-provisional utility patent application for patent is filed with the United States Patent and Trademark Office (USPTO) to obtain a patent issued by the U.S. government. This gives the inventor the right to exclude others from making, using or selling the invention within the United States.

Commercial success or failure of new technology is often determined by the way in which patent rights are managed from the outset of development. Careful consideration of how to obtain commercially meaningful patent rights during invention development is paramount to ensuring that opportunities to turn ideas into commercially valuable assets are not overlooked.

Patent strategy thoughtfully coordinated with commercial goals can result in patent rights that provide the legal protection necessary to commercialize an idea. The patent granted can provide a legal monopoly that prevents others from making, using, or selling the invention for a period of time sufficient to allow for recovery of developmental costs toward commercialization.

Be Aware The Process Can Be Difficult.

The preparation and filing of a successful United States non-provisional patent application can be one of the most difficult legal tasks faced in the process of turning an idea into a successful commercial product and the cost of a patent application can vary depending on strategy employed in the preparation and prosecution of the patent application.

As part of the process, the inventor must fully disclose the invention to the USPTO. The application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed fee.

The patent specifications and claims – especially if the invention is complicated – are some of the most complicated legal documents to develop with accuracy. A poorly written and inadequate patent application will in the long run likely be more costly to prosecute to a grant of patent than the cost of preparing and prosecuting a thoughtfully crafted patent application.

Write A Clear Patent Specification.

The patent specification is a written description of the invention and of the manner and process of making and using the same. The specification must be in such full, clear, concise and exact terms that any person skilled in the art or science to which the invention pertains could understand how to make and use the same.

Provide Detailed Patent Drawing Sheets.

Patent drawing sheets include technical drawings of the patent invention prepared in precise format required by the Rules of the USPTO. The patent drawings must show every feature of the invention specified in the patent claims.

Follow Patent Claims Style.

Patent claims use a long-established formal style and precise terminology to set out the metes and bounds of the patent right for which the inventor desires protection. A USPTO Examiner compares the invention described by the claims to previous patents and technical literature to determine whether a patent should be granted.

Understand The Lengthy Examination Process.

Applications are assigned to examiners who are experts in various fields of technology. The procedure is a lengthy rule-driven process that usually takes about two years. If the USPTO Examiner objects to the structure or breadth of the patent claims due to examination rules or previous patents and technical literature, an examination report is issued which contains the Examiner’s objections. The objections must be overcome by argument or amendment of the claims before the patent application can further proceed toward a grant of patent.

Once all the objections raised by the Examiner have been met, then a United States grant of patent can issue provided no third party opposes the grant of patent. The grant of patent is enforceable from the issue date. Unclaimed or claimed inventions which are not brought to a grant of patent enter the public domain.

Know United States Patent Term.

For U.S. patent applications filed on or after June 8, 1995, the patent term is 20 years from the filing date of the earliest U.S. patent application to which priority is claimed, excluding provisional applications. When the patent expires, the design or invention enters the public domain.


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