Patent Applications

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Patent Applications

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Types of Patent Applications

The following are the different official types of patents that can be filed in the USPTO: Within these official types of applications are classifications including chemical, mechanical, software, business method, and many more. A patent lawyer or patent agent can help you file your patent application.

How To File A Patent Application

Obtaining a patent begins with filing a patent application. To file a patent application, you need to:
  • Conduct a patentability search to ensure your invention has not already been claimed;
  • Submit an Application Data Sheet, including an Inventor’s Oath or Declaration;
  • Submit an Information Disclosure Statement;
  • Submit a Written Description of your invention;
  • Submit Drawings of your invention.
The first step to successfully filing and prosecuting a patent application should always be to consult with a patent lawyer or patent agent. A patent practitioner will help you conduct a more thorough prior art search. Patent agents and attorneys know all the forms you need to include in your patent application and some that can save you time and money. Most importantly, patent practitioners give you critical legal analysis to understand whether your invention is patentable and, if so, how broadly you can draft your claims to maximize protection of your IP in your industry.

As a patent attorney I conduct patentability searches on the United States Patent and Trademark Office website. The USPTO has a database of issued and published patent applications. This is the database a patent examiner will search to make a patentability determination. I perform this service for clients to identify issues with patentability before an application is filed to advise my clients before they engage in a long and expensive process.

How to Prosecute a Patent Application

  • An “office action” is the patent office requesting more information or rejecting your claims
  • Respond to all office actions within the required time
  • Respond fully to the action with legal arguments

The examining patent office will respond to an application with requests for missing parts, rejections of claims, objections to form, and general application correspondence. Each official filing by the office is an office action, and responding to office actions is prosecuting the application. Every office action must be responded to within a certain amount of time.

All grounds of rejection and objection must be addressed sufficiently and include reasons why the rejection or objection has been overcome. Failure to respond according to these rules causes an application to become abandoned. Abandonment results in a loss of patent rights, either permanently or for the lapse in time if you can show sufficient reasoning to reinstate the application.

Correcting Patent Applications or Issued Patents

You may be concerned about issues with your duty of disclosure, incorrect information in your patent or application, or you may want to change one of your patent claims. There are corrective procedures which allow you to correct patent information, make material disclosures of information, or change patent claims. If you have concerns with your patent or application I can help you resolve your concerns and correct your patent.

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