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Patent Lawyer FAQ: What Are the Steps for Filing a Patent?

When you have created a new product, invention, design, or plant genome, you may want to consider filing for a patent. A patent is a property right that is granted by the U.S. government. It enables you to exclude other parties from developing, using, manufacturing, or selling the same creation in the U.S., or importing it into the country for a certain period of time.

What Are the Steps for Filing a Patent?

When you begin to file a patent, there is standard process that must be followed.

  • Step 1: A search of all Patent Office records will be made to determine whether or not your invention/creation has been disclosed or patented. This is a critical step and should be conducted by a qualified searcher.
  • Step 2: The patent is filed. This application must be completed accurately. You will need to clearly explain the invention/creation using the right language and also diagrams or drawings.
  • Step 3: Over the next several months, and in some cases years, the Patent Office will examine your application. The Examine will also search through all the patent records to determine if anything like your application exists. Depending on what they discover, arguments regarding your patent could be presented to you. If this is the case you will be required to respond to the Patent Office’s objections. The period between your response and the Examiner’s reply could take one year or more. Should an argument ensue, it is highly advisable to retain a patent lawyer to make an official, legal response.
  • Step 4: If your patent is granted you will need to pay the dues before the official letters are mailed to you.
  • Step 5: Every 3, 5, 7, 5, and 11 years after your patent is issued you will need to pay maintenance fees. If you miss these times you will lose your patent.

There may be smaller details in between each step. This can be further explained to you during a complimentary consultation with patent lawyers.

Timing is Everything

Once you file for a patent, your creation is given a priority. This filing date is crucial because the current U.S. Patent Office uses a system based upon the first inventor to file. This means that if you and another person create essentially the same invention, at the same time, but the other person files for a patent first, they will get first consideration over you – even if you file the next day. For this reason, the sooner you call a lawyer from [law firm name] the better. By having a patent lawyer on your side you can ensure everything is done right, the first time.

When you choose a law firm, you can feel peace of mind in knowing that our goal with every client seeking a patent is to:

  • Understand the creation you wish to protect
  • Identify any existing creation claims that could prevent you from filing your patent
  • Give you honest advice on the potential of a successful application
  • Draft your application that allows for the broadest possible protection
  • Provide legal counsel and services at affordable fees

If you are ready to talk with our patent lawyers about your invention/creation, do not hesitate to contact an experienced patent lawyer turns to, to answer any of your questions.

 

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