How to Patent
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How to Patent
As an inventor knowing how to patent an invention is a very important requirement. You certainly don’t want your efforts to go to waste. Besides, the invention could have some huge commercial value which could certainly be worth all the trouble in going through the steps on how to patent the invention. There are a number ways on how to patent an invention open to the inventor. Some inventors hire patent lawyers to help them. Others do it by themselves.
The first most important and basic step on how to patent an invention is to determine if the invention is patentable. This is an important fact to consider in how to patent your invention. The result of the evaluation will determine if you push through with the application for patent or not.
There are certain criteria how to patent an invention, this includes:
1. Novelty – meaning that the technology is not “anticipated” or identical to an invention disclosed in a single piece of prior art.
2. Non-Obviousness – meaning that the technology must be different enough from the prior art so as to not be obvious in view of the prior art.
3. Utility – meaning that the invention must have a useful purpose.
To make sure your invention is new you need to search all the earlier developments in your field. You can start your research on the Internet, but you may also want to visit a Patent and Trademark Depository Library. You should record every step of the invention process. Document all of your efforts. Sign and date each entry and have two reliable witnesses sign as well.
Also, before you spend the time and money on how to patent invention, it is important to assess the commercial potential of your invention. You need to research the market you hope to enter.
If the decision is positive, then the next step on how to patent is to file a patent application in the USPTO. After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on how to patent is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO’s Board of Appeals. This phase on how to patent requires the aid of a patent lawyer. If the Board’s decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.