The very first question that needs to be answered before getting a patent application is whether an invention is patentable. At the basic level, existing Patent Laws require a device or design to be both new and non-obvious. These prerequisites are entirely specific and dictated under the requirements of 35 U.S.C. §§ 101, 102, 103, and 112.
The “new” specification intends every patent to be unique both in form and design, including its technical aspects. “Non-obvious” means a protectable difference must exist between the present invention and the existing products, designs, or patents.
A patent application will only be granted approval if there are no obvious or questionable details within their areas of relevance. The time of its creation or invention is also considered within this framework as there can never be two inventions of the same kind granted an approval.
The Stages of a Patent Application Process
There are multiple stages to acquiring a patent which often takes place within 22 months. The first six to 12 months is known as the Track One process where eligible applications undergo a prioritized examination. After going through the initial process, approval length takes up to 25 months for the US and 37 months in Canada.
- Patent searching. Hiring a professional searcher has always been the key to shorten the period in determining the existence of a current patent. Not only is the marketplace teeming with information, but it often looks more like finding a needle in a haystack, to begin with. Patent researchers and examiners like Strategic Patent Law ensures not only confidentiality but also a secure patent application process.
- Filing of Patent Application. Filing requirements for a pending patent application vary according to the type being filed. For example, a provisional application patent requires only a few technical specifications compared to a full patent application. A Provisional Patent would only require an applicant to submit three critical elements. The required prerequisites include a written description and definition of the invention, the necessary drawings, and the mandatory USPTO filing fee.
- Checking and publication of the application. Checking if all the requirements satisfy Patent Provisions and documents are formally submitted, is the next step to getting a patent. Fees are also payable at various stages, ensuring continued acceptance and grant.
- Patent examination. The patent application process does not end with publication as approval is still pending. Examination is possibly the longest part of the approval process as every detail of the design, physical or technical, is examined. Also, note that investigation for standard patents can be expedited as per request.
- Acceptance and grant. If the patent has satisfied every detail of the application, including the formality requirements, it is officially published in the journal. The license will only be certified and posted if it has been successfully verified and proven to meet the existing patent guidelines.
An application to have an invention patented is a tedious process. Getting the help of a patent searcher and examiner shortens the period of looking for public and similar inventions that have already been patented.