Understanding Patent Prosecution for Law Firms

Who invented the light bulb? Thomas Edison? What about the radio? Was it Marconi or Tesla?

It may come as a shock, but many of history’s inventors actually stole their famous ideas. Edison, for example, bought the patent for the light bulb, but he didn’t come up with the idea himself.

History teaches us how patent prosecution is necessary to get credit for your ideas. Are you wondering how the process works? Read on to get all the details about filing for a patent.

Phase One: Brainstorming

The first step in seeking out a patent for your idea is the brainstorming process. You already have a great idea in mind, but is it realistic? Is your idea valuable enough to patent? Research is how you find out.

The first step is to identify your invention. The idea must be new and not obvious. Now, you’ll need to figure out how much that invention is worth.

There’s no specific formula that can determine the value of an idea. But, there are factors that make an impact. Here are a few:

• Your idea is different and new
• Your invention will create a competitive advantage in the market
• Your idea is eligible for patent protection
• Your invention will be easily differentiated from competitors

You’ll have to weigh these factors against the cost of getting a patent. Then, decide if it’s worth it. If your idea is worth stealing, then it’s worth protecting.

Phase Two: Drafting Your Patent Papers

Next, you’ll start the official process of drafting your patent papers. The United States Patent and Trademark Office provides these applications.

You need to be as accurate as possible on these forms. Provide detailed information and ensure all areas of the application are complete.

It’s challenging to get approval for your patent, but there are a few ways to increase your odds.

You could consider hiring an attorney to help with the process. Or, find out more about patent prosecution analytics software that can improve outcomes.

Phase Three: Filing Your Patent Prosecution Papers

Once you feel confident about your application, it’s time to file! Here is everything you need to submit:

• A specification including at least one claim
• An inventor’s oath
• Requisite fees
• Sketches of your invention or product (if necessary)

If you forget any of these aspects, then you’ll soon receive a notice about it. If everything is in order, then your patent application will get sent to an examiner.

An examiner gets tasked with comparing your idea to existing patents and inventions.

Phase Four: Negotiations

The examiner will either approve your patent or send you a First Office Action. This action identifies problems with your patent.

You’ll need to negotiate and work with the examiner to correct these issues. Often, there’s a back and forth between the applicant and examiner.

The Path From Idea to Invention: Obtaining Your Patent

If you’re hoping to have a successful business, then you need to know about patent prosecution. Failing to get a proper patent could leave your budding business in ruins before it even starts.

Are you interested in learning more about how to succeed in your new business? Head over to our startup section to see our latest content.