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The intellectual property law firm of Schmeiser, Olsen & Watts
wants to make it easy for you to patent an invention. Below are
some of the procedures and filings that are necessary to get
your invention patented.
The first step to obtaining a patent is to make sure that the idea is novel (new, unique, never been done before). A search of the prior art (other patents or publications) is an important first step in obtaining a patent.
If it is determined that the invention is novel, a patent application should be written. In the United States, there are three types of patents that you can apply for: Utility, Design and Plant. Each application form is different:
Utility – If you invented a new and useful
process, article of manufacture, machine or compositions of
matter, you will be filing a utility patent application. This
must be in English or accompanied by an English translation. The
application must also include:
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Utility Patent Application Transmittal Form or Transmittal Letter
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Fee Transmittal Form and Appropriate Fees
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Application Data Sheet (see 37 CFR § 1.76)
- Specification (with at least one claim)
- Drawings (when necessary)
- Executed Oath or Declaration
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Nucleotide and/or Amino Acid Sequence Listing (when necessary)
Design – If you have created a new, original and ornamental design for an article of manufacture, you will need to file a design patent (which only protects the appearance of the article). It will not protect the utilitarian or structural features. A design patent application will include the following:
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Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
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Cross-reference to Related Applications (unless included in the application data sheet).
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Statement regarding federally sponsored research or development.
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Description of the figure(s) of the drawing;
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Feature description;
- A Single Claim
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Drawings or Photographs;
- Executed Oath or Declaration
Plant – A plant patent can be given to anyone who has discovered or invented and asexually reproduced any new or distinct variety of a plant. A plant patent application will include the following:
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Plant Application Transmittal Form or Transmittal Letter
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Fee Transmittal Form
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Application Data Sheet
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Specification (including only one claim, a statement regarding any Federally sponsored R & D, Latin name of the species and genus, variety denomination of the plant, a complete botanical description etc.)
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Drawings (in duplicate)
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Executed Oath or Declaration (without ADS) or Declaration (with ADS).
After paying the government fees and filing an application, it is not guaranteed that you will be granted a patent for your product. The patent office will thoroughly examine your invention to make sure it is new rather than a spin-off of another product. Make sure you keep all the documentation that is connected with your product during the creation period – this would include information concerning your invention, receipts, etc.
Writing a patent application can be difficult for an inventor without experience in patent law. Retaining Legal representation to draft a patent application is important. Patent attorneys are trained to draft patent applications to insure maximum intellectual property protection. The patent attorneys at Schmeiser, Olsen and Watts are well versed in the filing process and will provide quality service to inventors who wish to protect their inventions by obtaining a patent.
For more information on obtaining a patent in the United States, visit www.uspto.gov |
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