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An Overview of the Patent Process

An Overview of the Patent Process

Federal law allows you to obtain patent protection for an invention, drawing, design, or utility that is:

  • Novel
  • Useful
  • Non-obvious

You must go through an entire process to obtain the patent, which could take almost two years from start to finish. Here are the steps that you would need to follow to obtain a patent.

First, you need to verify whether you can even patent your invention. One of the key requirements is that the invention is new. To that end, you would perform a patent search to see if someone already has a patent on your invention or something similar.

Next, you would prepare and submit your application. In your package, you would include drawings and a description of your design. You would also include a definition of your patent.

Once your application has been submitted, you will need to work with the government examiner assigned to your case. They may have questions about your invention or express some concerns during the process. The patent process could include deliberations and conversations with the examiner in support of your application. At some point, an interested party with standing may file their own opposition to the patent that would require you to answer.

If your application has been rejected, you have the legal right to amend your application to address the examiner’s concerns. If the application is rejected again, you can file an appeal with the Patent Trial and Appeal Board. Given the complexity of the process, you should consider working with an experienced patent attorney to achieve the best results.

Contact an Orlando Patent Prosecution Attorney Today

The lawyers at the Daniel Law Offices can help you through the patent application process, providing you with knowledgeable counsel. To speak with an experienced intellectual property attorney, you can send us a message online or call us today at 866.377.2836.

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