The
Application Process
NB. It is best to keep an invention strictly confidential,
at least until you file a patent application. If the invention
is placed on sale, or advertised for sale, or sold and more
than one year passes, the invention is no longer patentable
in the United States.
A patent search is usually done before the application. This
ensures that the invention about to be patented is, in fact,
new.
A patent application must be complete since it is not permissible
to add new material to an application after it has been filed.
In the case of utility patents, the application must include
a detailed and complete description of the invention and a
set of drawings (if the invention can be illustrated by drawings).
The application also includes a set of claims, which are carefully
written, single-sentence paragraphs that precisely define
what the proposed patent will and will not cover— the
scope of the protection.
- NB. It often takes 8-12 months before an Examiner reviews
the application. In some fields, such as electronics,
computer software, computer information technology
or biotechnology, the review may be as long as two
years.
- The rejection rate for an application is upward of 95%.
Some applications are rejected repeatedly before a patent
is issued . Remember that a patent is a government–
granted monopoly and the nature of public policy dictates
that no monopoly may be granted unless it is truly warranted
by the inventor’s creativity.
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