Lloyd & Mousilli always endeavors to educate our clients on their intellectual property strategies. With this objective in mind, we have prepared this brief overview for you of the patent application process with some key points to consider in filing.
Patent Application Preparation Outline
The general timing for each step in the application is provided in the outline below. In case of urgent needs, expedited processing is available as required.
The U.S. Patent and Trademark Office (USPTO) offers inventors the option of filing a provisional application for patent which was designed to provide a lower-cost first patent filing in the United States than traditional nonprovisional patent applications.
Step 1: Patent Prior Art Search and Report (5-10 business days)
This is a prudent and essential step of due diligence to determine the scope and extent of the relevant prior art. The search will identify any patents or patent applications that might be considered relevant to the inventive concept.
PatBase offers access to bibliographic information and Full-Text of patent documents from over 95 patent issuing authorities worldwide. PatBase offers additional patent information and related services, such as direct links to patent registers, legal status, copies of original patent documents, translations and more. PatBase has been designed specifically for patent professionals and patent searchers. It facilitates the combining of full-text searching with the five main classifications and produces results grouped by patent families.
Pat Base is used frame for completing and reviewing the patent prior art search is typically two weeks.
The prior art search typically takes from 5 to 8 business days. We generally give the client a couple of days to a week to review the material before going over it and discussing strategies going forward.
Search queries will be developed to find issued patents and patent application publications that are relevant to the invention:
1) Key word and Boolean operators will be used and tested for scope and relevance;
2) Citation analysis using selected patents and patent applications will be included in search queries;
3) Specific patent classes and sub-classes will be evaluated and included for refining the
scope of broad keyword queries;
4) Assignee searches will be conducted with class and/or keyword limitation.
Step 2: Claim and Drawing Draft (5-10 business days)
A full set of claims and figures are prepared for review and evaluation. The drawings are prepared to ensure that all embodiment and critical features of the invention are shown. The claims are prepared to ensure the full scope of the invention is covered and to confirm that the nomenclature used for describing the features of the invention are correct. The inventor is asked to comment and provide feedback on the drawings and claims. Edits and additions will be made as required.
Step 3: Full Patent Application Draft (5-10 business days)
With confirmation from the inventor that the drawings and claims are acceptable, a full patent application is prepared complete with the following:
2) Summary of the invention;
3) Description of the figures;
4) Detailed description of the embodiments; and
5) Additional claim edits and additions as a function of preparing the full specification.
The inventor is asked to review and provide feedback on the patent application draft. Edits and additions are made as required.
Step 4: Patent Application Filing (1-2 days)
The filing forms for the patent application will be prepared and signatures will be required from the inventor(s). A determination of the filing status, (non-discounted, small and micro-entity) will be made and the application will be filed accordingly. A certification of micro entity status will be required if the inventor qualifies.
Upon approval from inventor usually within 1 to 2 business days)
An acknowledgement receipt will be provided along with a copy of the application as filed after filing.