First of all let me point out that USPTO has a ?Patent customer
service centre? who would assist you through the entire process of
patenting.
The link is here:
http://www.uspto.gov/web/offices/pac/dapp/pacmain.html
Here you will get all the assistance.
Secondly you can apply for US patents on line. The forms for this are
available here.
However, even for applying on line you have to know how to go about
filing the patents.
I got another site here which gives a very detailed step by step
advise. They made it in very simple language which you can
understand. I am quoting below some of the important things for your
clarity. Please visit the site and read their full text. It would be
quite useful.
The link:
http://www.soyouwanna.com/site/syws/patent/patentFULL.html#para1.1
As indicated in the site, firstly, you have to verify yourself the
following four points about your product.
1. Has the invention already been patented?
2. Has the invention been described in a printed publication?
3. Is the invention known to others?
4. Was the invention used by others before you invented it?
The site says you should have ?NO? as answer for all above.
You should be satisfied that the product is new and you can get patent
based on the above.
Next point is ?Obviousness?: Check these (again source: from the above link
http://www.soyouwanna.com/site/syws/patent/patentFULL.html#para1.1
5. Though your idea is new, would the invention be obvious to someone
skilled in that field?
6. Does this invention answer some long-felt need?
7. Is the item commercially successful? (This can be determined after
the inventor has filed a provisional patent application or has patent
pending status.)
8. Do other people who are skilled in the same area express surprise
or admiration for the invention?
9. Do a lot of people want to purchase licenses to manufacture the invention?
Next is Patent Search:
A very important thing one has to do before starting the actual work.
Before one goes to the patent office one has to be sure whether there
is any patent already in place to any product similar to yours. For
this a patent search is to be done.
How to do it is given in the following link at the uspto site. This
is most important. You have to do it before you start the procedure
of patenting. They have listed out seven steps to make the search.
Please follow these correctly to determine that there is no another
product similar to your product patented. Note down the result you
get for future references.
The Link
http://www.uspto.gov/web/offices/ac/ido/ptdl/step7.htm
(For full text and detail go to the above link)
The 7-Step Strategy
Index to the U.S. Patent Classification
Begin with this alphabetical subject index to the Manual of Classification.
Manual of Classification
Locate class and subclass numbers in the Manual.
Classification Definitions
Read the definitions to establish the scope of class(es) and subclass(es)
Browse Patent Titles and Abstracts
Check if you are on the right path; retrieve and browse through titles of patents.
Retrieve Subclass Listing
Once you have identified the relevant classes and subclasses, obtain a
list of all patent numbers
Official Gazette - Patent Section
Go to the Gazette and look for exemplary claim(s) and a representative drawing
Complete Patent Document
Search the complete text and drawing(s) of closely related patents to
determine how different they are from the invention.
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Having done the above and when you are satisfied that your product is
patentable ? you can go to the next step.
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There are two types of patents:
Provisional patent:
In detail at the following link:
http://www.soyouwanna.com/site/syws/patent/patentFULL.html#para4.1
This is done if you want to safe guard your invention does not get
stolen by others while you are discussing with others about your
product. After filing provisional patent you have one year to file
your patent application. It is better to start right away for regular
patent after doing the provisional patent.
To quote the site:
To file a provisional patent application, you must submit the
following items to the USPTO:
A cover page.
A detailed description of the invention that explains how to make and use it.
Drawings that show how to make and use the invention (and not crayon
drawings, but technical drafter's drawings with exact specifications
and measurements).
A $150 fee, unless you wish to send in a declaration that you are a
small entity (e.g., a workshop inventor as opposed to Hewlett
Packard), which allows you to pay the small entity fee of $75.
Regular Patent:
Full details at this link:
http://www.soyouwanna.com/site/syws/patent/patentFULL.html#para4.2
Quote from site: Please go to the site for full text and advise:
There are two main parts to the regular patent application: the
specification and the claims.
The specification must be a written description of how to make and use
the invention in sufficient detail that a reasonably skilled person in
the field could reproduce it from the description. If necessary,
drawings or diagrams can be attached. These specifications must be
absolutely precise; much more precise than the provisional patent
application's.
The claims are those aspects of the invention that you claim are new
and inventive. Once you get a patent, what it protects will be defined
by the wording in the claims, so you must be extremely careful and
extremely precise when you write the claims. In your claims, you
should include everything that you think is unique to your invention
and, more importantly, what you want to have rights to make, use, and
sell such that you can exclude others from doing so. This is the
hardest part of filing a patent, because you must take great legal
care or you might accidentally screw yourself over.
Before we go to the actual application, please read the following from
the above site:
So what's the difference between a provisional and regular patent application?
? A provisional patent is much easier to fill out. Your drawings and
descriptions don't have to be quite so legally perfect, and you don't
have to fill out the claims, which is the trickiest part of a regular
patent application.
? A provisional patent does not really give you a patent. So if
someone uses your idea, you have NO recourse. You can't sue or get any
money. Until you get a regular patent, all you can do is cry. BUT a
provisional patent will protect your patent so that when you do try to
get a regular patent, no one can sneak in and take it from you first.
? You can get a provisional patent just by submitting an application.
The USPTO will sit on it for a year until you send in a regular patent
application. It's not judged on merits; it's just a place-holder.
However, to get a regular patent, your application will be assigned to
an examiner who determines whether your invention is patentable or
not, so quality will matter.
Now that you are prepared. Let us see what is there in the application forms:
1. Declaration for Utility or Design Patent Application [2 pages]. To
appoint an attorney or agent, use form PTO/SB/81
http://www.uspto.gov/web/forms/sb0001.pdf
2. Declaration (37 CFR 1.63) for Utility or Design Application Using
An Application Data Sheet (37 CFR 1.76) . To appoint an attorney or
agent, use form PTO/SB/81
http://www.uspto.gov/web/forms/sb0001a.pdf
3. Supplemental Declaration for Utility or Design Patent Application
(37 CFR 1.67)[2 pages]. To appoint an attorney or agent, use form
PTO/SB/81
http://www.uspto.gov/web/forms/sb0004.pdf
4. Utility Patent Application Transmittal
http://www.uspto.gov/web/forms/sb0005.pdf
5. Patent Application Fee Determination Record
http://www.uspto.gov/web/forms/sb0006.pdf
6. Information Disclosure Statement by Applicant [2 pages]. Click Here
for a listing of kind codes used on U.S. patent documents
http://www.uspto.gov/web/forms/sb0008a.pdf
http://www.uspto.gov/web/forms/sb0008b.pdf
7. "Kind Codes" Included on USPTO Patent Documents
http://www.uspto.gov/web/forms/kindcodesum.html
Kindly download above forms and prepare a draft of all forms ? fill in
the data you have.
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From here on wards you can get the assistance of USPTO customer care
services to complete the entire formalities.
Hope I have compiled the information for you.
Best of Luck. |
