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subject: 7 Basics Of The Patent Filing Process You Should Know About [print this page]


To be honest about it, getting the patent you want is not an easy task. Yes, it might not be as tough as the job of coming out with the invention, but it isn't that easy as well. The fact is that, you may face several hassles even when you are filing your application for the patent. But you cannot avoid it. It is indeed an essential step towards safeguarding your original idea or invention. In the United States, an inventor can have the exclusive right to manufacture, use and sell his/her invention merely by filing a patent.

One of the basics of the process of patent filing involves a simple question - whether the invention is patent worthy or not. In other words, is your invention patentable at all?

The USPTO or the United States Patent and Trademark Office consider the following as patentable:

*A machine

*Machine

*Any type of composition

*Manufactured articles

*Any major improvement to a process, a manufactured item, machine or a composition that already exists.

*Any design improvement to an article that has already been manufactured.

*Any new plant type that has been discovered or invented.

If you think that your invention is ready for patent as soon as it is out, then you will be making a mistake. Do remember, you can approach the patent office only if your invention is both practical as well as original. In other words, if it serves no purpose, then it will not be considered as patentable. An invention is patentable only when it is "new", "useful", and is "not obvious".

Patent Search is an important process. Here, it is determined if there is already a patent granted to a similar invention. It is possible that you do not know about it, but an individual or a corporation has a patent for something similar. The best solution here is to hire the services of a patent attorney. Of course, you will have to spend some money on the person's professional services, but then, you can be sure of that you are on the right track. Your attorney will help you in the search. You can also approach the library at the patent office for help.

If the result of your patent search is in your favor, then you are ready to file your application. Your attorney will help you here in the drafting and other areas.

by: Kevin Wolfe




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