The Patent Filing Process

For individuals filing for a patent, a moderate amount of due diligence prior to filing is required, such as patent registration, to ensure a successful request for patent with the United States Patent and Trademark Office.  Initially, inventors must ascertain whether or not their invention is patentable.  For an invention itself to be proven patentable, the following items must hold true including:

• The invention is not already being utilized or recognized within the United States
• The invention is not already patented within the United States or another foreign country
• The invention has not been outlined in a publication in the United States or a foreign country
• The invention comprises of significant derivations of an existing patented invention in a non-obvious manner
• The invention is useful, or can be realistically and purposefully implemented

• If you need legal assistance with a Patent Law issue, please consult with a Patent Lawyer near you to discuss the details of your case.

The aforementioned items hold true for all prospective patent property being filed under the three types of patent categories, which are utility patents, design patents, and plant patents.  Generally speaking and according to the United States Patent and Trademark Office, filing for a patent requires extensive knowledge in administrative procedures for filing a patent, as well as consummate knowledge of patent laws.  A patent agents or a law attorney can provide this information, as well as file documents, for individuals interested in filing a patent, whether a non-provisional intellectual property patent application or a provisional patent application.

Non-Provisional Patent Applications

The process of obtaining an intellectual patent begins for individuals when they file a patent application with the United States Patent and Trademark Office, which offers two forms of patent applications.  The two forms of patent applications individuals may file include non-provisional or provisional patent applications.  For inventors confident their invention will meet the rigorous inspection and examination of the United States Patent and Trademark Office, filing a non-provisional patent application is the next step.  Non-provisional patent applications will incur the following events, including:

• Establishing a definite patent filing date for an invention
• Offering the patent application for review by the United States Patent and Trademark Office
• Paying all applicable filing fees, which change annually each year in October

When filing for a non-provision patent, inventors and their patent law attorney will submit a number of items to the United States Patent and Trademark Offices including all written documents pertaining to claims and specifications of the invention, any applicable drawings, and the filing, search, and office examination fees set forth by the United States Patent and Trademark Offices.  Both forms of patent applications are complex, detailed legal documents, which in almost every instance; only a patent law attorney is aptly suited to file for inventors.

Provisional Patent Applications

The other form of application utilized when filing for patent protection is known as a provisional patent application.  Provisional patent applications provide inventors the opportunity to acquire an early and definitive filing date and also allows inventors to utilize the legal term “patent pending”.  In regards to provisional patent applications, individuals incur much smaller application fees and do not have to attest under oath, however, no patent is actually issued.  Likewise, provisional patents cannot be acquired for individuals seeking to patent design inventions. 

Individuals filing for provisional patent applications will then have a period of one year to file the ensuing non-provisional patent application to certify their patented invention, design, or plant process.  If a non-provisional patent application does not occur within the time period of one year, the provisional patent will expire.   Generally, individuals seeking provisional patent application filings are those not entirely ready to undergo the examination from the United States Patent and Trademark Office, however, but do wish to obtain a specific filing date.

• If you need legal assistance with a Patent Law issue, please consult with a Patent Lawyer near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice.