Patent Application

If you are looking to safeguard your invention or innovation with a patent, you need to file a Patent Application with the United States Patent and Trademark Office (USPTO).  Although each patent type has different criteria to determine whether a patent should be issued, the application process is generally the same for each.


The Application: The process of obtaining a patent begins with the preparation and filing of the application.  All patent applications must contain the specification and drawing of the claimed invention required by 35 USC §112 and §113.  Further, all patent applications other than provisional patent applications are required to have an oath by the inventor, stating that the inventor is the first and original inventor of the invention or innovation.  In order to be accepted by the USPTO, the application must be sufficiently clear, concise, and exact to properly convey the nature of the invention and what the patent is sought to protect.  For these reasons, it is important to select an intellectual property attorney who is knowledgeable in both law and technical fields to prepare a strong application with the proper language and sufficiently clear description of the invention.


The Examiner: Once a complete application has been submitted to the USPTO, an examiner is assigned to the application to determine whether a patent should be issued.  The examiner reviews the application to ensure that the application properly claims only one invention to be patented.  If the application is not properly limited to one claim, the examiner will request the applicant to restrict the application to one claimed invention.  If the application is properly restricted in scope to a single invention or innovation, the examiner compares the claimed invention to other patented inventions to determine whether the applicant's invention is patentable.


Rejection: If, upon examination, the examiner determines that the invention or innovation is not patentable, the examiner will issue a non-final rejection to the applicant, detailing the reasons for rejection and giving the applicant an opportunity to amend the application and/or to present arguments refuting the examiner's reasons for rejection.  If the examiner rejects the applicant's amendments and/or arguments, the examiner will either issue another non-final rejection or will issue a final rejection.  In the event of a final rejection, the applicant may abandon the application, may attempt to further amend the application, or may file a new application.


Issuance: If the examiner finds the invention patentable upon initial review or accepts the applicant's amendments and/or arguments in the event of a rejection, the examiner will then allow the claimed invention and request the necessary fees for the issuance of the patent.  Upon payment of the necessary fees, the patent is issued to the applicant, and the inventor obtains protection for his or her invention.


Because of the often complicated nature of patent applications and the various criteria that must be met in order to obtain a patent, you need an attorney who both knows the requirements of the law and is able to understand the particular and unique features of your invention.  The attorneys of the Wilson Legal Group, with their extensive experience in intellectual property matters and backgrounds in the sciences, are uniquely well-equipped to prepare the strong patent application you need and to assist you through the process of protecting your creative works.


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+1 (972) 248-8080


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