What are the steps in patenting a product? 10 Answers as of April 02, 2013

What is the process to patent a new product while it is in the development stage ie. How to apply for it, what website to go to in starting the application process, etc?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
I would suggest you consult patent attorney. What you are essentially asking is how do i do a patent? Simply stated it is not something that can be done properly without a lot of experience.
Answer Applies to: Oregon
Replied: 4/2/2013
TechLaw LLP | Ross A. Epstein
While anyone can prepare and file their own patent application, unless you have a lot of experience in doing so, we highly recommend finding a good patent attorney to work with on this. The patenting process is very technical and fraught with land mines for the inexperienced. One should approach the legal fees and costs associated with protecting one?s invention as an investment in the business because otherwise you will likely lose tremendous value otherwise available. We routinely work with individual inventors as well as Fortune 500 companies simply because we are a very efficient, boutique intellectual property and business law firm with 14 attorneys. This give us the reliability the large companies need and the cost competitiveness individual inventors and smaller businesses demand.
Answer Applies to: California
Replied: 4/1/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
Check the US Patent and Trademark Office's website www.uspto.gov. It provides both basic patent information and detailed explanations on how to file and application.
Answer Applies to: Nebraska
Replied: 4/1/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
This question cannot be answered in a few simple sentences. You need to read several books on patents and inventions-you can find dozens of them on Amazon. In order to patent a product, you need to retain patent counsel or at least a qualified patent agent to draft a patent application and submit it to the United States Patent and Trademark Office. Then a patent examiner reviews the application to see of your proposed invention is novel and non-obvious. Most of the time, the patent examiner will raises objections to the application in an "Office Action". Your lawyer then tries to overcome these objections in written submissions that he makes on your behalf in opposition to the Office Action. This is a time consuming and expensive process that can take three years or more. Your first step is to retain experienced intellectual property counsel to advise you on the best strategy for obtaining patent protection and commercializing your product. You cannot possibly do this without intellectual property/patent counsel. And you will need a substantial budget for this. Patents usually cost at least $10,000 to draft and prosecute and often a lot more. And you will need counsel to provide a patent clearance opinion to make sure you can make and sell your product without violating patents owned by others. Patent clearance opinions are expensive-companies often pay $50,000 or more for such an opinion. As you can imagine, it takes money to patent and commercialize a productyour first step is to figure out how to finance this project. Until you have an adequate budget for intellectual property counsel, you are not ready to move forward.
Answer Applies to: New York
Replied: 4/1/2013
Webb IP Law Group
Webb IP Law Group | Jason P Webb
There are four stages: 1. Due diligence: do a search (or more) to see if you have a decent chance at getting a patent. This step is optional but highly recommended as it can strongly influence your success and future costs. 2. Prepare and file an application. www.uspto.gov is where you would electronically file the application and you can get good information there. One note, the rules governing patent applications and registrations is about 10,000 pages long. The rules and cases governing how much a patent is worth are even more. The chances of you, with no training or experience, writing your own application, having it allowed and having it be worth anything are astronomically bad. Work with an attorney or risk having a patent application that is clearly worthless. 3. Negotiate allowance with the patent office: this stage usually starts about 2-3 years after you file your application and usually starts with a total rejection of your patent application. Think of the patent office as goalies trying to stop bad patents or as insurance companies trying to not pay out on a claim. That is just how it is. You have to convince them that they should allow it and that they will not get in trouble for having allowed it. Again, the chances of you doing that properly without experienced help are very slim. 4. Allowance and maintenance: There are four sets of fees and papers to file with the patent office that get your patent registered once they have agreed to allow it and that keep it alive during its duration. They are spaced about 3.5 years apart and you can't pay them before their payment window opens and if you pay after the final date you can pay then your patent is cancelled. Be sure to keep track of these deadlines or you lose the whole thing. The patent office will not send you reminders.
Answer Applies to: Utah
Replied: 3/29/2013
    Ochoa and Associates
    Ochoa and Associates | Susan Ochoa Spiering
    You can go to a website for the patent process, there are a lot available, google the topic and see what you find. But it is generally better for you to go talk to a patent atty who can explain the process. The website: www.uspto.gov also has an inventor help link, a phone number you can contact for information (you may have to leave your name/# and they will call you back; have your questions ready). Generally, the process involves a search, if it appears patentable, draft and file an application (either provisional or non-provisional), and then to thru the examination process of the PTO.
    Answer Applies to: Texas
    Replied: 3/29/2013
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    The patent office has a "provisional" patent application that give one year of patent pending status while you make changes and improvements. The US patent web site is at www.USPTO.gov. The web site has information on preparing and filing a patent application. You may also want to visit your local library or purchase a book on patenting yourself. The process can be complex and the patent office has very specifc requirement.
    Answer Applies to: California
    Replied: 3/29/2013
    Banner & Witcoff, Ltd. | Ernie Linek
    Visit the US Patent & Trademark Office website - www.uspto.gov - for free information about the patent process, fees, searching - everything a new inventor needs. One note of caution - the US Patent Law was just changed (3/16/13) such that the "first inventor to file" will be eligible for a patent on his/her invention, as opposed to another inventor with the same idea, who files second. Thus, filing "early" is recommended - once the invention is "ready to be patented." Here is an outline of the utility patent process from the USPTO website: Patent Process Overview * Step 1, Applicant - Has your invention already been patented? * Search the Patent Full-Text and Full-Page Image Databases * If already patented, end of process * If not already patented, continue to Step 2 * Step 2, Applicant - What type of Application are you filing? * Design Patent (ornamental characteristics) * Plant Patent (new variety of asexually reproduced plant) * Utility Patent (most common) (useful process, machine, article of manufacture, composition of matter) * Step 3, Applicant - Determine Filing Strategy * File Globally? * Need international protection? * File in U.S.? - continue to Step 4 * Step 4, Applicant - Which type of Utility Patent Application to file? * Provisional or * Nonprovisional * Step 5, Applicant - Consider expedited examination * Prioritized Examination * Accelerated Examination Program * First Action Interview * Patent Prosecution Highway * Step 6, Applicant - Who Should File? * File yourself (Pro Se) * Use a Registered Attorney or Agent (Recommended) * Step 7, Applicant - Prepare for electronic filing * Determine Application processing fees * Apply for a Customer Number and Digital Certificate * Step 8, Applicant - Apply for Patent using Electronic Filing System as a Registered e-Filer (Recommended) * About EFS Web * Step 9, USPTO - USPTO examines application * Check Application Status * Allowed? * Yes, go to Step 12 * No, continue to Step 10 * Step 10, Applicant - Applicant files replies requests for reconsideration, and appeals as necessary * Step 11, USPTO - If objections and rejection of the examiner are overcome, USPTO sends Notice of Allowance and Fee(s) due * Step 12, Applicant - Applicant pays the issue fee and the publication fee * USPTO Grants Patent * Step 13, Applicant - Maintenance fees due 3 1/2, 7 1/2, and 11 1/2 years after patent grant * Download the Utility Patent Application Guide.
    Answer Applies to: Massachusetts
    Replied: 3/29/2013
    Tran & Associates | Bao Tran
    You should get patent application as soon as you can to prevent others from copying you. This is important as we move into the First to File era. I would recommend the use of software from PowerPatent.com called ProvisionalBuilder. Software costs $99 so it i very inexpensive yet guides you to prepare a high quality patent application that one year later you can turn to a lawyer to convert into a utility application for you. A feature summary is at http://www.powerpatent.com/prwelcome. The software helps you organize information, and through your summary description, brings back sample patents in the same field for you to use as examples.
    Answer Applies to: California
    Replied: 3/29/2013
    DANIEL NESBITT
    DANIEL NESBITT | Hasse & Nesbitt
    The USPTO website is the best source for "self-help" (www.uspto.gov). If you want professional guidance and service to properly assess the patenability of your invention, and to prepare a suitable patent application to protect your invention, then contact a patent attorney professional.
    Answer Applies to: Ohio
    Replied: 3/29/2013
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