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.

One can claim “patent pending” status after a provisional, utility, design or plant application is filed. But the answer to this question is a bit complicated. Basically an applicant should show as little as possible as much as possible.

The only reason an applicant would show data about the application is when the applicant is attempting to interest a person or firm to license or assign the rights to the patent, once the application is granted. The prospective licensee might also choose to “buy the whole application” when, for example, the company or person wants the applied for invention to be kept secret. You can find many useful tips on internet, but hiring professionals like Invent Help, to help you out would be wise.

Because the applicant has no right to exclude, at the application stage, the applicant must be wary of exposing too much of the invention. For example, an applicant should only show the written description of the invention, and not the claims. It is the claims that describes the “meets and bounds” of the property right that will be granted if the application is issued as a patent.

Withholding the claims will frustrate someone’s efforts to design around the patent you might end up getting. Also, hide or black out the dates and any signatures of witnesses. If you show copies of your inventor’s notebook, likewise black out the names and dates of witnesses, this prevents someone from claiming that their idea predates your idea. Be particularly careful with a provisional, as there are no claims, the person reading the provisional might be able to make something you won’t claim in the utility that replaces the provisional.

Also, only show as much as is necessary to achieve your goal. For example, perhaps the claimed invention has three embodiments of a new display device: a computer monitor, an portable display for a cell phone, and a television. If the applicant were trying to license the computer monitor to a computer manufacturer, then only the parts of the specification relating to the computer monitor should be shown to prospective licensees as you can read from https://azbigmedia.com/business/why-new-inventors-turn-to-inventhelp-for-support/ article.

An invention is considered suitable for patenting when it meets two of the most important criteria: firstly, it is innovative, novel and has the potential for usefulness. Secondly, there should be definite a need in society for making the invention available. When inventors do not have enough time to wait for a regular patent to be approved and come through, they file for a provisional patent. It could be termed as a ‘temporary’ patent, till such times a more detailed application is filed for the invention.

There are many reasons why provisional patents are filed. One of them is a provisional patent application can be used in case the invention has to undergo any change or modification during the patenting process. Another reason is economy. Applying for a provisional patent can decrease the total amount of money spent in the entire patent process. Some people file for provisional patents to enhance the number of years applicable on a particular patent. There are patenting agencies that provide help for new inventors, so they could help as well.

The Patent and Trademark Office is responsible for issuing provisional patents. The important factors associated with a provisional patent are: it is valid only for a period of twelve months; the process of filing for such a patent is not as long-drawn or complicated as filing for a regular patent; the Patent Office does not conduct a very deep review of applications for such a patent, when they are filed.

There are a few advantages of following the procedure of filing for a provisional patent:

One of the biggest advantages is that you can modify any specification of the invention without affecting its validity. It adds to convenience, since you can protect your invention, while you are still developing it further. This is not possible when applying for final patent.

A provisional patent application can offer international protection which is valid for one year. This is a unique benefit considering that other types of patents are applicable for a specific country only.

A provisional patent provides enough time to the inventor to do more groundwork, like looking for a financier, etc. who may get sold on the idea and finance the entire patenting.

A provisional patent costs far cheaper than a final patent. In fact an estimated reduction would be 10 to 12 times less expensive.

It is always advisable to seek the help of professional patent agencies, such as InventHelp or attorneys, who have the requisite skills and expertise in filing such patents, rather than doing it yourself. The Provisional Specification is probably the cheapest form of gaining complete legal protection around the world and is designed for first-time inventors in mind.