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Michael J. Foycik Jr., Esq.
Steps For Getting a Patent
Michael J Foycik Jr
by Michael J Foycik Jr.

The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.

Steps For Getting a Patent

These are the basic steps for getting a patent.

First, file a patent application which describes and claims the invention.

Then, respond to any official actions received from the U.S. Patent Office. If the official action is a rejection, then a response will provide arguments in support of patentability and possibly changes to the claims.

Assuming the application is deemed patentable (the majority are), then a Notice of Allowance and Issue Fee Due is sent. Upon payment of the issue fee, a patent will issue.

It is that simple. This whole process can take anywhere from 12 months to 36 months, depending entirely on the U.S. Patent Examiner to which the application is officially assigned.

A more detailed explanation is as follows.

Preparing the patent application
First, you provide details about the invention, and we prepare a draft application together with draft drawings, for your review. This draft includes the claims, abstract, summary of the invention, background of the invention, and detailed description of the invention. We make any changes or additions you wish to make, at no additional charge. We charge half of the fixed service fee in advance for this draft.

When you are satisfied with the application, we send the final, revised version of the application together with the necessary legal forms (i.e. the Declaration by the inventor, and possibly a small entity form and/or an Assignment if needed). You review the completed application papers, and if satisfied, sign and date the forms and return all of the paperwork together with the balance due.

When there are drawings in the application, we attend to obtaining formal drawings either before or after filing the application. When the application has been filed without formal drawings, the formal drawings are due approximately two months after the date of filing. The drawings are obtained at a cost of less than $150 per sheet. If possible, two to five figures of drawing may be placed on each sheet, to keep costs as low as possible. Typically, for a medium complexity invention, four or five sheets of drawings may be required. For a simple application, often just one sheet is needed.

Prior to preparing the patent application, it is possible to have a patent search done. This can be for any of a number of reasons. One is to search for a “right to use” patent, which shows the invention and is expired. Another reason is to determine the likelihood of patentability. Still another reason is to determine the possible value of a patent in the selected field. It is never necessary to conduct a patent search before filing a patent application, but it is often a good idea. If a patent search is needed, we can get one done at a relatively low cost.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
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