If the decision is made to seek patent protection, a formal written application must be prepared which fully describes and legally defines the invention. The patent application is an important legal document and should not be undertaken by someone who is not trained and experienced in drafting patent applications. It is highly advisable that a registered patent agency, like Invent Help, or a attorney draft the application with the inventor’s technical input and assistance. A patent application includes a specification, a series of claims, and drawings where necessary for understanding the invention.

The specification must contain a full written disclosure of the invention so that anyone skilled in the area pertaining to the invention would be able to obtain all the necessary information to make and use the invention. It must also disclose the best mode known to the inventor of practicing the invention at the time the application is filed. The inventor must, therefore, be certain to tell the patent attorney everything known about the invention.

The claims determine the scope of protection provided by the patent for the invention. It is the claims that define what the inventor can exclude others from making, using or selling. Great care must be taken to draft patent claims such that they define as broad a scope as possible for the invention while, at the same time, making the claims sufficiently narrow to avoid a challenge to validity based on prior inventions. The initial claims of the application are often amended during the prosecution of the application to more clearly define the patented invention.

Since drawings must comply with detailed Patent Office rules and standards, an experienced patent draftsman should prepare the drawings. The patent attorney preparing the patent application will normally make the arrangements for the services of a competent patent draftsman.

Once the patent application is completed and certain accompanying legal papers are prepared, the application can be filed with the Patent and Trademark Office. When the application has been filed, and not before, the invention may be marked “Patent Pending” or “Patent Applied For.”

The charges for the preparation of the patent application result largely from the amount of time it takes the patent attorney to prepare the application. Hence, savings will often result if the inventor provides the patent agency, like InventHelp, with a full disclosure concerning the invention before preparation of the application begins.

The U.S. Patent and Trademark Office (U.S.P.T.O.) licenses two types of individuals to represent parties before it in patent cases: patent attorneys and patent agents. A patent attorney is a lawyer who is also licensed by the U.S.P.T.O. A patent agency, like Invent Help, is a non-lawyer who is licensed to represent individuals before the U.S.P.T.O. in patent cases.

There are a number of similarities between patent attorneys and patent agents. Both patent attorneys and agents must possess a technical background in at least one of a number of fields approved by the U.S.P.T.O. Both attorneys and agents must be trustworthy and of good moral character. Most importantly, both patent attorneys and agents are required to sit for and pass a rigorous examination in patent law and procedure before receiving a license.

The examination is the same for attorneys and agents, and in order to sit for it, a prospective patent attorney or agent must demonstrate his or her credentials and good character. Once admitted to practice, patent attorneys and agents are bound by the same strict ethical rules.

Before the U.S.P.T.O., a patent agent can perform virtually any task in a patent case that a patent attorney can perform, including the filing and prosecution of a patent application and the recording of papers (like assignments or transfers of rights) that pertain to the patent application. The difference between a patent attorney and a patent agent lies in what the two can do outside of the U.S.P.T.O. Because a patent attorney is also admitted to the general practice of law in at least one state, he or she can also provide assistance with patent-related contract issues, licensing, negotiation…

A patent attorney can also offer opinions on the validity and enforceability of patents, and can assist with other intellectual property matters, such as trademarks and copyrights. Patent agents are not permitted to do these things, because they are considered matters of general law. However, a patent agent may opine on whether an invention appears to be patentable, and may give advice directly related to the pursuit of a patent.

Which One is for Me?

If your needs are limited to obtaining patent protection, then a patent agency, such as InventHelp may be best for you. Keep in mind that patent agents generally charge less than patent attorneys, and a well-trained patent agent may represent a party just as well as a patent attorney. Even if you may eventually need broader legal representation to handle patent licensing, or other related matters, it may be more economical to have a patent agent as your representative before the U.S.P.T.O.