How to file a patent in California?

Congratulations! you are an inventor.

If you came across this question, that means you have invented something new. So, you want to know the patent filing process in California. Let's first know some basics of the patent world.

What is a Patent?

You've done research and created a concept or a working model of your invention. That's great! You want to show your invention to the world. But you should file a patent first.

A patent is a type of intellectual property given to an inventor for an invention. It prevents others from using, selling, or making. To get a Patent, you need to file a patent application under the USPTO Patents Act. The USPTO looks after patent filing services in California like any other part of the country. USPTO has a Silicon Valley Regional Office. It is the USPTO West Coast regional office. The Regional Office will provide you all patent related information and support related to US Patent filing in California.

What are the benefits of USPTO patent filing services in California?

If you meet specific criteria, you can access California Inventors Assistance Program [CIAP]. USPTO made this Patent Pro Bono Program to provide free help to eligible inventors. Eligible candidates may include under-resourced individual inventors or small businesses.

Also, the California State Library is a USPTO authorized Patent and Trademark Resource Centre (PTRC). The PTRC library team help inventors with all the required information and instruction. This may include search tools, patent, and trademark resources. This helps to protect intellectual property of individual inventors and small businesses. But PTRC agents may not be patent attorneys and may not provide legal advice.

The USPTO also hosts various workshops in California for new inventors and entrepreneurs. One can get answer to queries related to patent search and US patent filing process in California.

Basic Criteria for US Patent

Filing a patent in California is like any other part of the country. Your invention should meet the criteria given under US Patents Act. Some of these aspects are discussed below:

• Utility: Your invention is capable of industrial application. It should have practical applications.
• Novelty: Your invention should be novel. It should not be already known to the public. It is not available in any document used in the country or anywhere else. No one should be using it before the Patent filing date.
• Non-obvious: Your invention should also meet the criteria of non-obviousness. It should not be evident to a person who is working in a similar domain.
• Subject Matter: Note that all new ideas are not patentable. You may not get a patent for Natural laws, principles, and discoveries. Scientific theory and mathematical methods are also such examples.

If your invention meets above criteria, you are ready for Patent filing in California.

Type of Patent Applications

are two types of applications available:

• Provisional Application: One can file a provisional application to secure an early filing date. According to Patent laws, patent rights are given to the first inventor to file. Filing a provisional patent in California or any part of the country will help you get the critical patent filing date. Filing a provisional application is an intelligent choice. It is a fast and cost-effective way to get the early filing date. It helps to keep utility patent cost down in the initial stages of any business. But you must file a corresponding non-provisional application within a year.
• Non-provisional Patent application: This is a detailed application. It includes title, abstract, description, claims, and drawings. One needs to describe technical, functional, and structural details of the invention.

How to file a patent in California?

We discussed the basic requirements to follow to get a patent. We will now discuss the online patent filing in California. You can file the application, forms, documents, and pay fees online on the USPTO official site. However, some preparation is required before you file a patent application:

• Prior Art Search: It is advisable to know if anyone has already disclosed a similar invention in the past. You can get this information through prior art search. It may be beneficial if one can do it before writing the application. Prior art search helps to understand if it fulfils all patentability criteria before filing. You can also take professional help to conduct the prior art search. There are many patent experts who provide excellent services for US patent filing search in California including IPExcel.
• Drafting Patent Application: In the first step, you need to write down the details of the invention. The preparation of Patent document is also called drafting a patent application. A patent expert can write an application as per the prescribed law. The application covers the title, abstract, description, and claims of the invention.
• Filing: The second step is filing the application. You need to give specific details and submit the application. You also need to pay the demanded fees. One can go to the USPTO official website and file a patent online.
• Publication: The Patent Office publishes the application on their official website after some time. Then, the application is ready to enter for the examination stage.
• Prosecution: During examination, the examiner may ask for a few clarifications. A Non-Final Office Action or a Final Office Action is issued. You need to respond to Office Actions. The examiner may allow the Patent or reject the Application after examination.

Do I need professional help?

You may ask this question if you should draft and file the patent application on your own. US patent filing procedure in California and other part of the country is a complex process. You may make mistake if you do not have knowledge and experience. You can always take the help of patent experts. A patent expert may help you in writing the application and prepare all documents. The patent expert also helps in preparing responses to the issued Office Actions.

About IPExcel

We at IPExcel provide world-class services for patent filing in California. Our patent experts and patent attorneys help innovators across the country. You can partner with us to get high-quality patent. We aspire to help you get a broad patent protection for your inventions. We have filed Patent Applications in many countries, including the United States. Our patent experts have a very high success rate of receiving granted patents.

We are here to help you get your invention patented in the US and other countries of your interest. Get in touch with IPExcel today. We assure a hassle-free utility patent filling experience in the US.