Patent Application Filing

Patent Application Filing – The Right Way To Proceed

Patent application filing is the very first step you take for getting patent protection for your invention. It requires you to file a patent application along with invention specifications. This invention specification comprises of  claims, description about the invention- it’s working, parts, utility, etc. Also, you can attach drawings wherever necessary, since, drawings/illustrations help in the better and faster understanding of the invention.

Prepare a thorough patent draft as per the USPTO rules before filing the invention. Consider hiring an attorney or reliable patent drafting service for the same.

If you are up to Patent Filing in India, you can give a visit to our sister website, Your Patent Team.

The Type of Patent Protection You Seek

Before filing the applicant needs to decide which type of patent grant they are looking for. This is entirely dependent upon your invention. Following are the types of patent protection for your invention:

  • Utility Patent: it covers patent for the creation of new or improved and useful product, process or machine. It forbids other individuals or companies from making, selling, and using the invention without authorization. The period of protection is 20 years from the date of filing.
  • Plant Patent: is an IP right that protects new variety and characteristics of plants. It forbids others from copying, selling and using of such plants. The protection period for the same is 20 years from the date of filing.
  • Design Patent: works for protecting an ornamental design(s) of a functional item. The design should always be in conjunction with an article. The duration of protection is 15 years filed on or after May 13, 2015, given in [35 USC 173].

The Nature of Patent Application Filing

Decide the type of patent application that you want to file. That is whether you want to proceed with a provisional patent application or a non-provisional one.

  • Provisional patent application: this is an incomplete application devoid of claims, oath, declaration and public disclosure. Also, this application helps in setting a priority date. Which means after filing this application you get a period of 12 months to deliver the complete patent application.
  • Non-Provisional patent application: this is a complete application which the patent officer examines. Only after filing and analysis of this application, the invention moves with the consideration for patent grant. The composition of this patent application highly depends on the type of patent you want to file. We are going to discuss that here-
  • Utility Patents- attach a transmittal letter/form, background of the invention, claim(s), drawings, sequence listings, oath or declaration; prescribe cost of filing, search and examination.
  • Plant Patents- in addition to the requirements of utility patent application there are a few more requirements of plant patent application. These include a botanical description in case of plant patents, the Latin name of genus and species and a single claim.
  • Design Patents-in addition to a non-provisional application for utility patent there is description for drawings, a single claim and drawings/photographs.

Both design and plant patents have only one claim, while a utility patent can have multiple claims.

After preparing the draft, next is to proceed with patent application filing with the USPTO.

Modes of Filing the Patent Application

You can go for either online mode of patent filing or offline.

  • Online Filing: The USPTO offersEFS-Web (Electronic Filing System) mode. The particular advantage of this mode is that it allows the user to send PDFs directly to the USPTO system. This, in turn, eases the filing and submission process, thereby fast-tracking the processing of patent applications in the USPTO.
  • Offline Filing: You can send the application via delivery by U.S. mail, or hand delivery to the Office in Alexandria, Virginia. The charges for offline mode are comparatively higher than the online mode. Hence, it is preferable to go with the online mode of patent application filing.

International Patent Application Filing

For International Patent Application Filing, you don’t need to file a patent application in every single jurisdiction. There is a solution to this. You can go for PCT (patent Cooperation Treaty) filing way or file with Paris Convention Countries.

PCT or the Patent Cooperation Treaty has 152 jurisdictions within itself. This consequently makes it an easy mode of patent application filing in your choice of jurisdictions. Although, the acceptance for patent grant depends on the individual jurisdiction as the application enters the national phase.

Same is with Paris Convention Countries adopted in 1883, applicable for protecting patents, trademarks, and other intellectual property in many countries. The total contracting parties are 177 in number.

What do We Bring?

As you proceed with the process of patent application filing, ask yourself and make sure whether you need professional assistance. Be mindful of the fact that there are strict requirements and deadlines to meet. You need to prepare and deliver your patent draft according to the USPTO guidelines. We at The Patent Filing Company, assure you with accurate patent drafting and filling services. Our team of 100+ patent drafters assures timely delivery of patent drafts as per the standards. Customer satisfaction is of paramount importance to us; hence, we offer quick turn-around-time and multiple iterations to meet all your queries. Patent Search Report and Technology Evaluation Report preparation are the added services available.

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