This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Application For Invention In Illinois
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Multi-State
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US-003HB
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How to File a Patent in Illinois Do You Have an Idea or Invention? Every invention begins as an idea. Perform Market Research. Verify Patent Eligibility. Conduct a Patent Search. Determine Inventorship & Ownership. Choose the Type of Patent. Prepare the Patent Application. Submit the Patent Application.
While the United States Patent and Trademark Organization advises against submitting your own patent, they do not prohibit it. In fact, many people have written and prosecuted their own patents.
The poor man's patent has become outdated as a result of the change from the “first-to-invent” to the “first-to-file” system. It's not enough to have a good idea. The key is the date of filing, which must be recorded in a patent at the US Patent and Trademark Office (USPTO).
While the United States Patent and Trademark Organization advises against submitting your own patent, they do not prohibit it. In fact, many people have written and prosecuted their own patents.
So, for a patent to be issued, your invention must meet four conditions: Able to be used (the invention must work and cannot just be a theory) A clear description of how to make and use the invention. New, or “novel” (something not done before) “Not obvious,” as related to a change to something already invented.
Under the “first to file” system, there exists no value in obtaining a Poor Man's Patent since it now only matters who filed for the patent first and not who came up with the idea first. Essentially, a Poor Man's Patent has about as much value today as the postage affixed to the envelope.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
An inventor in Illinois should use the services of a registered patent attorney in Illinois to prepare and file the patent application. Although an inventor may file and obtain their own patent, there is no guarantee that the patent would sufficiently protect the invention.
While ideas alone cannot be patented, you can obtain a patent on an invention that was developed from an idea. Note this: if you pursue a patent, an invention must be actually produced, or at minimum, a detailed description of the invention has to be included with the patent application.