Patent Filing – A Detailed Procedure Explained


Patent Filing is one of the first steps that an applicant has to undertake in order to achieve patent grants. Once the applicant has registered its invention as patent, he/she can stop others from using the same invention. When it comes to filing patent, it seems to be an easy procedure. However, a lot of complexities are involved in patent filing if you are not careful. Thus, advices from experts can go a long way in helping you achieve patent grants. Prior to filing the patent application, there are a few things that you need to know if you are a novice. Let’s dig out the details of patent filing and everything else related to patent in following blog.

Benefits of Patent

A patent holder has the control on his/her invention. The holder can decide how the invention will be used. There are multiple benefits once an applicant gets the patent rights. He/she can can generate a flow of revenue using the patent. There are numerous ways through which a patent holder can monetize his/her invention. Licensing is one of the ways that an applicant can use to generate revenue from his/her invention.

The other benefit of having a patent is that it gives exclusive right to patent holder only. The patent holder can refrain others from using the same invention. He/ she has the monopoly over the use of the patented invention and can reap profits until the patent expires.

Thus, there are a lot of opportunities available for the patent owners.

Related Article – What is Patent Proofreading & its importance?

What is Patentability Search?

Before Filing patent application, it is important to conduct a patentability search. Patent rights are given to the invention which is novel and non-obvious. A patentability search reveals information about the prior-arts present. In case, if during the patentability search, prior arts are discovered, the USPTO will reject your patent application. Thus, it will result in loss of time and money.

Conducting a patentability search is not mandatory. However, it is beneficial for the applicant to conduct a prior-art search. Conducting a patentability search will prevent future litigations, save your time and future losses.

There are different forms of patentability search. The applicant can choose the forms depending upon the requirements and purpose. There is a novelty search, one of the forms of the patent search. It ensures whether the invention is new or not. Apart from that, there is a validity search which challenges the validation of the patent. Choosing the right form of patent search can help your patent application sail smoothly throughout the patent cycle.

Different Kinds of Patent

Before you involve yourself in the patent filing process, it is important for you to know about the different kinds of patent. There are basically three kinds of patent and have different purpose. Let’s get to know more about them below.

  • Utility Patent -The most obvious type of patent is the utility patent. A utility patent protects the functional aspect of the invention. It includes the composition of the invention along with the working procedure of the invention. To understand it better, let’s take an example. You can get a utility patent for a device that you have created. However, it should have industrial application. The validity of the utility patent is 20 years. Post that, it expires.
  • Design Patent – As its name indicates, a design patent protects the design aspect of the invention. So, if you think that your invention bears unique style or ornamentation, you can apply for design patent. The design patent is granted for the products that have some use. It is important to note that the patent term for the design patent is less that utility patent. While in utility patent, the validity is 20 years, on the other hand, the design patent expires after 14 years.
  • Plant Patent -To obtain a plant patent, there are a few requirements that are to be met. First of all, a plant should have been produced asexually. The main purpose of plant patent is to protect the plants.

Why You Should Know About These Types of Patents?

A Patent can help you in generating more revenue. Thus, it is important for you to know about various kinds of pf patents available. Prior to patent filing, you should have adequate information about these types and know which one you are going to file. For instance, if you are filing for a patent in the US, the USPTO will disapprove your patent application for a design patent if the ornamentation of your invention is not unique. This will result in loss of time and money.

On the flip side, you can get multiple patent for same invention. If your invention has a unique design and industrial applicability which is not known yet, you can apply for both design patent and utility patent. Thus, it makes sense to have information about various types of patents available.

Patent Filing – A Detailed Procedure

Patent filing can help inventors in securing their inventions and generate revenue from these inventions. Here’s how you can file patent application:

  • Invention disclosure – To begin with, the applicant will have to disclose the invention. There is an information disclosure statement. The applicant has to disclose the details of the information in the IDS. There is a specific format that an applicant must follow while filing the same.
  • Conducting a patentability search – After the applicant has filled IDS, it is important to conduct a patentability search. The patentability search provides information about the similar technologies which are in existence. With this, you will get information if your invention is patentable. If no prior-arts are found, you can proceed to file the patent application.
  • Drafting patent application – A Solid patent draft lays the foundation of acquiring. Thus, you must make sure to draft your patent application in a well manner. You can choose to file a provisional application or complete patent application considering the stage of development of your invention. For instance, if you are still developing your invention, you can file a provisional patent application. Patent drafting requires technical and legal understanding. Also, make sure to avoid committing any errors in the patent draft. You can also hire experts to create a solid patent draft on your behalf.
  • Publication of Patent Application – After you have submitted the application along with supporting documents, the patent application will be published in Patent journal after 18 months. By filing a separate form, you can request early publication of your patent application. The PTO will publish the patent application within 1 month of submission of request. 
  • Examination of Patent application – The examiner conducts the examination of the patent application. It is the applicant’s duty to request the examiner for the same.  The examiner will examine the prior-arts and check if your invention is eligible to qualify for the patent grants. The examiner will issue First Examination Report if he finds any objection. The applicant will have to overcome those objection.
  • Issuance of Patent Grant-

The examiner will issue patent grants once the applicant overcomes all the objections.

When You Should File A Patent?

If you are considering to patent your invention, you should begin as soon as possible. A little delay in your patent application can cost so so much. The USPTO grants patent to those applicants who have filed their application earlier. In order to understand this, let’s take an example. Suppose, you have made an invention and don’t file the patent application. On the other hand, another person develops the same invention and files the patent application for the same. The USPTO will grant patent rights to that applicant who has filed the application earlier.

Also, considering the fact that patent filing is a long procedure, you should file patent application as soon as possible.

Why You Should Choose Patent Drafting Catalyst?

The patent drafting company can help you with Patent related matters.. The professional experts hold of years of experience in drafting patent applications which have helped businesses in saving time, money and efforts. We have a team of experts who are efficient in filing provisional as well as non-provisional patent application.

What makes PDC so reliable for drafting patent application?

Patent Drafting Company has been catering to the different needs of clients. With a team of industry leading experts, we have carved a name of ourselves. What makes us so reliable are the facts that

  • We ensure Quick turn-around time while giving attention to the details.
  • Huge customer base across the globe.
  • We have Experience in drafting high-quality patent applications.

What does PDC (Patent Drafting Company) cater to?

As apart of its services, PDC conducts a range of activities. To begin with, we have a team of experts to draft your patent application which lays the solid foundation. Along with that, Our team can help you with the patent drawing. We have the right software and resources to create a professional illustration to highlight the aspects of your invention.

To know more about our services, you can get in touch with us or click here.

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