Patent Application For Invention In Santa Clara
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The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
What can be patented? 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.
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.
One can go to the USPTO official website and file a patent online. Publication: The Patent Office publishes the application on their official website after some time. Then, the application is ready to enter for the examination stage. Prosecution: During examination, the examiner may ask for a few clarifications.
It involves documenting and mailing yourself a description or drawing of your invention in a sealed envelope, to use the postmarked date as the date of invention. Unfortunately, a poor man's patent has limitations because it is not legally recognized and will not hold up in court should a dispute arise.
The United States Patent and Trademark Office (USPTO) Public Search Facility located in Alexandria, VA provides the public access to patent and trademark information in a variety of formats including on-line, microfilm, and print. Trained staff are available to assist public users.
The Value of Patenting: Despite the costs, obtaining a patent can offer valuable protection for your invention. It gives you the exclusive right to make, use, sell, and import the product, which can be critical for a small business trying to establish itself in the market.
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.
To get a Patent, you need to file a patent application under the USPTO Patents Act. The USPTO looks after patent filing services in California like any other part of the country. USPTO has a Silicon Valley Regional Office. It is the USPTO West Coast regional office.
