Are you an independent inventor or a multi-million dollar company that has developed an innovative product or a unique design? If yes, you’d want to reserve the rights of your invention. That’s where the need for a patent comes in.
You need to file a patent not only to stake your claim to the invention, but also to reap the generous ROI from research and development. Wait too long and you might lose the claim to someone else.
If you’re unsure of the US patent filing process, let the experts at IPExcel help get you there. With a team that knows the US patent system inside and out, we have a demonstrated experience in offering patent drafting and patent filing services in the US.
What is a Patent?
Your invention is your intellectual property, and securing a patent on your invention means earning proprietary rights on your invention, albeit for a limited time frame.
In the simplest of terms, a patent is the exclusive rights granted by a government to the innovator to decide who can or cannot make, use, or sell the innovated product or design in question. Patent filing in US can be made a product, process, software, or design that has practical applicability, is original (novel), and is a non-obvious improvement over existing solutions.
In the United States, the US Patents and Trademarks Office (USPTO) is the agency that governs patents. According to the USPTO, a patent is the right to exclude others from making, using, selling or importing the invention into the USA. IPExcel offers professional patent filing services in the US.
A Plant Patent is granted for the invention or discovery of an asexual reproduction of a new plant variety.
Conventionally, a patent is valid for 20 years from the date of filing of the application, although extensions may be available under specific circumstances. Grants for US patent filing are issued by the USPTO and are effective only within the US.
- A Utility Patent is for any innovative process, machine, chemical composition, or manufactured item. In the US, utility application is the most common type of patent.
- A Design Patent is for an original design, technical or ornamental, of an article of manufacture.
- A Plant Patent is granted for the invention or discovery of an asexual reproduction of a new plant variety.
Finding out the patentability of your invention
You cannot file for a patent if your invention is not original. A US patent filing search of all past public disclosures, foreign patents and references, and printed publications should be conducted to ensure that no public disclosure has been made by anyone about your invention.
An efficient way of conducting this research is through patent advisors who are knowledgeable about every detail of the US patent filing process. Patent filing specialists like us at IPExcel can conduct a US patent filing search with the help of proprietary databases and other search tools. At IPExcel, we have a team that knows the US patent filing procedure in-depth and can help you with every step of patent filing in the US.
How do you file a patent in the US?
In the US, only the original inventors can apply for a patent. Provisional and non-provisional applications are the two types of US patent filing processes in practice.
A Provisional application allows you to obtain a filing date but doesn’t begin the examination procedure. A Non-provisional application, on the other hand, begins the patent examination process which can lead to the issuing of a patent.
IPExcel can help you with both types of applications, using either online patent filing in US or by presenting the application in person.
The patent filing process
A Non-provisional utility patent application is the most common patent application in the US. The US patent filing procedure warrants the inclusion of a detailed invention specification along with an appropriate description, claims, drawings where applicable, a declaration, and the prescribed fee.
Once your patent application is filed, an Examining Technology Center within the USPTO will review your invention and submit their recommendations for the patent grant, indicating whether your application is granted or rejected. In case of a rejected application, you can make arguments,appeal to the Patent Trial and Appeal Board, or file again.
On average, the USPTO takes 24.6 months to review and examine a patent. The entire process can be a daunting task for an individual or a company with limited knowledge of the US patent filing procedure. IPExcel can be your guide in such a scenario with in-depth know-how of the workings of the USPTO.
Patent filing strategy
The US patent filing search is a critical step in the entire process of earning a patent. It requires adequate brainstorming between the original innovator and patent experts as to how to best present the invention highlighting the novelty of composition or design, the practicality of the application, and its usefulness.
Patent advisors at IPExcel can help you find the correct keywords for cooperative patent classification and review each relevant patent publication for similarity with your invention.
Our team can also search the European Patent Office’s database for any publications or other public records related to the invention you are filing a patent for. We also research through the Patent and Trademark Resource Center of the USPTO for non-patent literature disclosures of inventions as well so that we can build up a strong case for your patent application file.
Why choose IPExcel for your US patent filing?
Patent filing in the US is a complex process involving thorough examination of existing patents in the related domain, structuring a compelling argument favoring the invention, technical specifications of the invention, following the specified timeline, and submitting the requisite paperwork, responding to rejections of the application, and so on.
As an independent inventor or company with multiple business issues to take care of, you most likely don’t have enough time to get yourself tangled in patent formalities. Neither do you want any errors to delay the patent filing process because time is of essence when it comes to securing your invention. Plus, patent filing is a complex legal process that’s best handled by experts like us who have done it for years.
At IPExcel, we take pride in being the one of the leading patent advisory & service organizations with offices located worldwide. Our client base includes many innovators in America who have gained from our strong technical knowhow and solid legal expertise in winning a patent.
We promise you a simple, straightforward, and seamless experience while we quietly do all the legwork. For all your US patent filing needs, get in touch with us today!