Types of Patent Applications
- Provisional Patent Applications
- Utility Patent Applications
- International Patent Applications
- PCT Patent Applications
- Design Patent Applications
- Plant Patent Applications
How To File A Patent Application
- 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.
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.
Why You Should Work With Me
- During my 3+ years of practicing law I have achieved better results than attorneys with 25+ years of experience.
- I save clients thousands of dollars and offer flexible payment plans.
- I’m young, I work hard, and I respond to your calls.
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