The Patent Process for an Idea
Patent attorney Gene Quinn points out that while all inventions begin with an idea, the U.S. Patent Act explicitly bars abstract ideas from patent protection. Quinn goes on to state that while it is possible to patent an idea, the idea must be sufficiently developed to the point where it might as well be an invention. While the U.S. Patent and Trademark Office does not require models, samples or prototypes in a patent application, it does require very detailed specifications.
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What Can Be Patented
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U.S. patent law protects inventions, processes and industrial designs, though Quinn notes that courts have construed "invention" to be such a broad category that practically anything manmade can be patented. However, the Patent Act bars abstract ideas or concepts, laws of nature or natural phenomena from patent protection, emphasizing the "made" part of "manmade."
Patent Process
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The vast majority of patents issued by the USPTO fall into the utility category (the USPTO also issues a comparatively small number of design patents, which protect the appearance of inventions, and plant patents, which protect genetically engineered plants). Regardless of the subject matter, all inventors must follow the same steps and requirements when submitting a utility patent application. To receive a patent, you must submit an application and pay a host of fees. USPTO officials then examine the application, compare the invention to existing inventions and either return the application for revisions or issue a patent.
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Application
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The patent process centers on the patent application, which you prepare and submit, and the USPTO examines and often criticizes or rejects. Most inventors prepare and submit applications electronically through the USPTO website. You fill out a cover page with background information on the inventor and invention. You then write up a detailed technical description of the invention and submit technical drawings. The description and drawings serve in the place of models or prototypes, which some other countries' patent offices require as a way to completely ban ideas. Your idea must be developed to the point where you can submit technical details. The final part of the application is a claims section, where you enumerate the exact things that the idea does that are novel and should be legally protected by the patent.
Attorneys
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The content in a patent application becomes the body of the patent if the USPTO issues one. A patent is a legal document, hence the USPTO recommends that you consult with and hire a patent attorney to prepare the application and represent you. The attorney should be able to tell you if your idea is sufficiently developed to be judged an invention as opposed to a concept or abstract idea.
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