How to file a patent in San Francisco?

To know the subject better, let's start the discussion with a Patent. Do you have any inventions, or have you created a new method of doing things? If so, do you want to safeguard your innovation from theft and duplication? If your answer is yes, you must apply for a patent. But first, we will know more about patents before moving into the patent application procedures.

Patent and Patent Rights

Patent is a type of intellectual property and it’s a property of intellect originating from mind. Patent rights are given to an inventor by the Government for an invention. The Patent rights provides inventors protection of their invention from others. It also stops others from making, using, or selling the invention for a limited time usually 20 years.

US Patent Filing in San Francisco

To get a Patent protection in San Francisco, one needs to file an application and meet other requirements. You can do a US Patent filling in San Francisco through the online portal of the USPTO official site. United States Patent and Trademark Office (USPTO) is a federal agency to grant patents. There is also a Silicon Valley USPTO office, which is the West Coast regional office of USPTO. There are also many professional patent filing services in San Francisco, such as IPexcel. Applicants must file applications per requirements given under the Patents Act. Let's talk about the US patent filing process in San Francisco.

Basic Requirements for US Patent

The invention should meet specific criteria for getting a Patent in San Francisco. These criteria are the same across the country. The invention should be novel, non-obvious, and capable of industrial use.

  • You may not get a Patent if the invention has already been part of a public document or use before the filing date. The record may exist in the country or anywhere in the world.
  • Non-obvious means that your invention should not be evident to a person skilled in the art, someone working in the same technical domain.
  • An invention should be capable of industrial application. It means an invention has industrial use or has a practical application.
  • There are also a few non-Patentable subject matters. Non-patentable subject matters may include natural laws, scientific theories, principles, mathematical methods, etc.

The above points are essential for Patent filling in San Francisco or anywhere else. It may be helpful to consider these points when you are planning to file a patent.

Types of US Patent Applications

There are two types of applications available for filing:

  • Non-provisional: The non-provisional application covers the title, abstract, description, claims, and drawings. One needs to disclose detailed technical, functional, and structural aspects of the invention.
  • Provisional: Filing a provisional application helps to secure an early filing or priority date. According to Patent law, the first inventor to file a patent gets the patent rights. The provisional application helps in getting the critical patent filing date.

Provisional Application – Advantage & Limitations

Filing a provisional patent in San Francisco is fast and cost-effective. You can contact IPexcel US patent attorney in San Francisco to know more about the process, cost, and timelines. It is an excellent strategy to keep utility patent cost down in the initial stages of business. But you must file a corresponding non-provisional application within a year. A provisional application does not lead to a granted patent, but a non-provisional one may be.

US Patent Filing Procedure

The US patent filing procedure in San Francisco involve multiple steps. Online patent filing is the most preferred way of applying. One can visit USPTO official website and complete all necessary steps. One can submit the application, forms, documents and pay the fee. The process of online patent filing in San Francisco is like any other part of the country.

Before filing an application, you need to complete the following things:

  • Prior Art Search: One may optionally carry out a prior art search. The search result provides you with information about similar patents. IPexcel provides you US patent filing search in San Francisco.
  • Preparation of Patent Application: The first step is to prepare a Patent document where you need to write down the details of the invention. You need to follow prescribed rules to write the application. It should cover the title, abstract, description, and claims of the invention. Describing inventions along with the claims is a techno-legal write-up. It is always advisable to take the help of the Patent agent or patent attorney. They may help you write a patent document and complete other requirements.
  • Preparation of Forms: The second step is the preparation of the required forms. You need to provide the inventor(s), applicant (s), and other information.
  • Filing: Once the application and other forms are ready, you may apply for the Patent through USPTO online portal. You also need to pay the required fee.
  • Publication: The patent office publishes the application after a few months. Publication makes the invention available to the public.
  • Prosecution: The application enters the examination or prosecution stage after publication. The examiner may need a few clarifications and sends Non-Final or Final Office Actions. Upon completion of the prosecution, the patent examiner will make a decision.
  • Patent Grant: The patent examiner may allow or reject the Patent application after the examination. If allowed, you will need to pay an issue fee to get a granted patent.
  • Patent Maintenance: You also need to pay a maintenance fee to keep your Patent active and enforceable.

The process of filing a patent application requires both technical and legal expertise. It may be challenging to get a patent if one fails to present all the details of the invention in a prescribed manner. Our experienced Patent attorneys and experts can add significant value to this process and increase the chances of getting a patent.

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