Applying for a Patent in the US
By: Gene Quinn, US Patent Attorney & Founder of IPWatchdog.com
There are essentially three types of patent applications that can be filed. These are:
— Non-provisional Patent Application
Each type of patent confers to the patent owner “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or importing the invention into the United States. It is important to note, however, that patents do not protect ideas, but rather protect inventions and methods that exhibit patentable subject matter.
You can also file what is called a provisional patent application. Unlike the other patent applications mentioned above, this application will not actual mature into an issued patent, but rather acts as an economical way to start the patenting process. There are few formalities required for filing a provisional patent application, and the Patent Office fee is less. Furthermore, it acts as a place holder in line and affords you the right to legally use the terms “patent pending” or “patent applied for.” Independent inventors should, therefore, strongly consider starting with a provisional patent application.
For more information on the patent application process please see our Overview of the Patent Process. If you are stuck at the idea stage in your invention I recommend reading Moving from Idea to Patent.
If you are contemplating whether you want to work with an invention submission company to help procure patent protection and obtain marketing assistance, please first read The Truth About Invention Submission Companies.
If you need help in filing a nonprovisional patent application I strongly recommend LegalZoom.com’s patent service. Since 2004 LegalZoom.com has been assisting inventors in filing provisional patent applications. I am quite familiar with the LegalZoom service because I helped them develop the system and have since its inception worked with LegalZoom to help inventors. In conjunction with LegalZoom, beginning in 2008 we have also started offering customers the opportunity to use our streamlined Invent + Patent System to create nonprovisional patent applications. We have created a new, affordable way to patent your invention. LegalZoom’s Patent Pending Service secures immediate patent pending status for your invention and starts you on the road to full patent protection. You will then work directly with an experienced White + Quinn attorney to complete your patent filing. To expedite the process, they’ll use your LegalZoom Patent Pending materials in preparing your patent filing, saving you thousands of dollars in attorney fees. For more information see Utility Patents by LegalZoom & White + Quinn.
If you simply want to do this on your own without any assistance you should at the very least obtain a copy of Patent It Yourself. While this book is not perfect, and no book can teach you everything that it
If you feel you need the assistance of a patent attorney I can help you. I am a member of Berenato, White & Stavish. I have been helping independent inventors and start-up companies since 1998. I have developed a unique process efficiently and effectively creates patent applications with the cooperation of the inventor. This process reduces costs and creates a better product because rather than doing all the drafting I work together with the inventor to create the patent application. This process uncovers many additional aspects of the invention that can be protected and results in a far more detailed patent application than is typical. For more information on the process contact me.
