Do you have a unique idea that can bring about significant change in human life? Or maybe you have burnt an endless volume of midnight oil to create an original design that makes an existing process less complicated? And now, you are hoping to license it to potential buyers or establish your own business to market the invention.
Patent your invention before anyone else
Before you go public with your invention, it would be a good idea to apply for patent registration in USA to prevent someone else from reaping the benefits of your hard work. Because, it doesn’t matter who had the idea first; the US works on a “first to file” process, to determine who earns US patent registration.
The US Patent and Trademark Office (USPTO) issues patents to unique and valuable inventions by granting a monopoly over the invention for a stipulated period. Here, a monopoly means that the inventors can protect their rights of making, using, selling, and attempting to sell the patented invention within the USA.
How to file your patent?
To get your invention approved by the US Patent Office, you need to follow the guidelines of the Patent Act (35 U.S. Code). Filing a patent is a lengthy and complex process. It demands thorough research regarding the patentability of the invention, determining the patent type, preparing and filing the patent application, following up with the examination process, and maintaining the patent granted until the term expires. Earning an issued patent will typically grant you a 20-year monopoly from the application date, wherein no one can earn profits from your invention, without your express permission.
A reputed firm of patent attorneys and specialists like IPExcel can help you with the process of patent registration in the USA. Our team has in-depth knowledge of the prevalent US patent system, and have demonstrated experience in offering US patent registration services.
Determine the type of patent your invention needs
The US patent process typically receives three types of patent applications:
- Utility Patents – This type of a patent covers the workings of an invention, including the structure and functionality (“how it works").
- Design Patent – This patent covers the ornamental design features and apply to the uniqueness of the design of a specific item (“how it looks”).
- Plant Patent – This type of patent specifically applies to a new distinctly variety of plant that has been invented, discovered, and asexually reproduced. This patent protects the inventor/owner’s right to prevent others from asexually reproducing the plant or using, selling, or importing the plant reproduced asexually in any part of the US.
Once you have decided which of the above patent type suit your invention best, you can proceed to the next step. At IPExcel, we can help you with any type of patent registration in the USA.
Register a Patent - Know what can and Cannot be Patented
One can obtain utility patents an invention that’s unique, nonobvious, and beneficial. It can be a process, machinery or gadget, an article of manufacture, composition of matter, or an improvement to any of the categories we just mentioned.
Apart from utility patents, there is design patent for ornamental design of an article of manufacture and plant patents.
The following cannot be patented per the US patent register.
- Abstract Ideas
- Physical Phenomena
- Inventions which are:
- Not useful (for instance, perpetual motion machines)
- Publicly offensive
Patent registration in the USA is not applicable to literary, musical, dramatic, and artistic works. Therefore, these types of intellectual property (IP) cannot be patented but they can be Copyright protected.
No matter the type of invention, our team at IPExcel can steer you in the right direction to obtain the best protection for your IP.
First to file prevails
According to US Patent laws, anyone who invents or designs something new and useful can file for a patent, provided it is not already available in the public domain. In other words, the USPTO abides by the "first to file" principle.
Therefore, for patent registration in the USA, you need to check whether your invention complies with all the patentability conditions. Whether it is truly unique and a useful way forward in its technical domain, whether a similar idea has already won over the US patent register, or has been published elsewhere. IPExcel has many years of experience in digging through repositories of resources to help establish the novelty of your invention.
US Patent Registration - Timeline
US patent registration follows a specific term within which the applicant must file their conventional application or provisional application to claim priority. This term is 12 months from the date of filing of the first application, also known as the patent priority date. For the applications filed after the term has expired, the applicants can restore their right to priority in case the delay was unintentional. In such cases, the applicants must file the application to claim priority within two months of the expiration of the 12-months’ term. The application must be filed along with a request and applicable fee.
Frame your patent application
You need to structure your application according to the patent laws of the US for patent registration in the USA. Your patent application should include a detailed specification, a description of the problem, claims of the solution, drawings, and the prescribed fees.
The patenting process involves many legal technicalities. Your best probability of success requires the, backing by professionals with experience, which is required to draft a strong patent application. As an entrepreneur or an independent researcher, it might prove to be a difficult proposition for you to adhere to the technical and legal requirements of US patent registration. Leave all the hard work to the experts at IPExcel while you plan your next invention.
Requirements for filing non-provisional patent application
The entire process of patent registration in the USA is conducted in English language. All the necessary documents for filing a non-provisional patent application must be submitted in the English. If the applicant’s documents are in any other language, they must be submitted along with their translation in English, a statement establishing the accuracy of the translation, and appropriate fee.
If you need any assistance with patent translation for your US patent registration, our team can help you. Our patent translation services ensure accuracy of translation and are priced reasonably.
A patent application for US patent registration should include:
- Specification – This should contain a description and a minimum of one claim.
- Drawings and illustrations – You need to submit an appropriate drawing if necessary.
- Declaration or oath of inventorship - This may be submitted after the patent filing date.
- Application data sheet – This is required if you claim priority to previously filed applications.
- Appropriate fees
If you claim priority, you must file a certified copy of the Priority Document within four months from the application filing date or sixteen months from the filing date of a prior application, whichever is later.
The filing process does not require legalization of the signed Power of Attorney (POA) and there is last date for submitting a POA during
Filing the patent application
Did you know that an unregistered e-filer using the USPTO's EFS-Web online portal needs to submit an additional fee to file a patent application? That the mandatory patent application fee can be slashed by 50%-75% if you are a small or micro-sized entity? IPExcel can not only file your patent application but also provide you with valuable information like the ones described above. Moreover, the experienced team at IPExcel can guide you on how to file for a prioritized patent examination (accelerated examination) and anticipate every nuance of patent registration in the USA.
Following up the examiner
Although you have the option of expediting the patent examination process, it still takes a lot of technical acumen and legal experience to communicate with an Examiner. In case roadblocks appear in the course of examination, filing the right documents promptly to clear those roadblocks are also crucial to get your US patent registration completed successfully. You can trust IPExcel to handle such issues and anticipate other issues before they become a major problem. While we cannot guarantee success for every application, we are proud of our success rate to date and wish to apply our experience and know-how to your next patent application.
Why delay the patent registration of your intellectual property? Call IPExcel today for a free no-obligation consultation with an experienced professional and get the information you need about patent registration in the US!