WHAT IS A PATENT?

A Patent is a legal process that examines the unique design and function of an invention such as a device, apparatus, method, process, or ornamental design in order for it to be determined that it is unique in every way to anything else that has been issued or granted a legal patent. A Patent Search is always recommended before you file a Patent Application to make sure you are not infringing on anyone else’s Patent or intellectual property. If the search is positive, and in your favor, then you are clear to file your Patent.

Design work must be done to establish the design and functionality of the patent application. Once that portion is completed it can be filed.

HOW TO FILE A PATENT

To file a patent, you must work with a registered patent agent or patent attorney with the USPTO. After the design work is completed that information is then passed on to the agent and or attorney to assemble all of the drawings and descriptions so the agent or attorney is able to build the patent with all of the descriptions, drawings, and claims. This is the strength of your patent and it needs to be done properly to ensure you receive an issued or granted patent. There is a provisional patent which lasts 12 months and puts you into a patent pending status. There is a utility patent that is focused on the design and functionality of the invention that lasts 20 years from the date it is filed. There is a design patent which deals with the ornamental appearance of an invention and lasts for 14 years from the date it is filed. It takes about 18 months to be issued a design patent and about 3 years for a utility patent. You may request a fast track filing which takes from 8 to 10 months to receive an issued or granted patent. The cost to file a patent varies a lot so make sure you so some investigating before moving forward.

(USPTO) United States Patent & Trademark Office.

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