A New Idea is Hatched
Life is happening when you realize something is amiss and a new idea pops into your head that could potentially change the world. After thinking nonstop about this great innovation, you decide it needs to come to life. You are an inventor! But you need to protect this idea or someone else might steal it. You need a patent!
Is Your Idea Patentable?
All inventors need to ask themselves: “Is my idea patentable?” Starting with this simple question will save you time, money and heartache.
Patentability is dependent on multiple factors and, to determine if your invention qualifies for a patent application, we will help you decide what category fits best:
Research the Marketplace
After the invention is evaluated by a Menlo Park Patents patent agent and you have determined that your invention is patentable subject matter the next step is determining whether or not you will receive a patent. Now it is time to look into the public domain and figure out if anyone has published, sold, or used your invention in the past. If someone has already invented the same exact invention, has invented it or is publicly selling, using, then you are not eligible receive a patent. In other words, it was already invented therefore you cannot patent it. It is your duty to disclose this information to Menlo Park Patents practitioners as it will save you time and money moving forward.
Document Your Invention
Documenting your invention can be a difficult task. At this stage in our process, we guide you to create your pseudo specification, which allows our patent agents to understand the unique aspects of the invention and not miss a beat. The formatting we use in this step will provide an efficient, streamlined and cost-effective preparation for application submission.
Menlo Park Patents Drafts Your Application or Performs a Prior Art Search
In the U.S., we are a first inventor to file system. Our strategy is to file a provisional patent application first to secure the earliest filing date possible.
We differ from what others in the industry say. Then again, we are different from many in the industry as we have built companies and are startup founders. Depending on your invention and because the U.S. patent system is a first to file system, we recommend going straight for a provisional THEN a prior art search. There are 18 months of unpublished patents that are not discoverable to anyone.
Adjust Your Invention
Our team helps you develop a strategy based on our vast experience to improve your invention with modifications, increasing the likelihood of receiving an application allowance. This stage in our methodology provides the most value to you and has proven to be the difference between approval or rejection.
Draft and File Your Invention
Patent applications are complicated and requires an understanding of the Manual of Patent Examining Procedure, which each examiner at the United States Patent & Trademark Office (USPTO) will use to review your application. Our patent agents are highly skilled at drafting your claim and, thanks to our detailed methodology, using your pseudo specification, figure documentation and any modifications after a Prior Art Search from earlier steps, we will carefully draft your application. Final approval before submission to USPTO belongs to you! Once you are satisfied, we will file your patent application.
Prosecuting Your Patent Application
The examiner at USPTO will review your patent application in detail, ensuring it does not infringe on other patents and determining if your idea is patentable. Patience is required. This process takes months, perhaps years, to complete. We are dedicated to you every step of the way by providing fixed-fee prosecution services, helping you respond to rejections and objections from the examiner.
The wait is over! The final decision on whether or not your claims and your patent application are approved is at the sole discretion of the USPTO examiner. If your application is denied, we can discuss the next steps to appeal the decision or request an application continuity. If your application is approved, your idea will be protected, published and made available to the public. Time to bring your invention to life…