The fact of the matter is while preparing any patent draft application to register your patent can be a complex kind of procedure. Though it may appear as a simple thing, but it has several technicalities, which could be misunderstood by the inventor. Hence until you have the attorney or an agency, such as InventHelp patent invention agency, by your side, you are not supposed to try patenting the invention on your own.

The only thing you can do on your own is apply for a provisional patent. These applications are easier to draft than non-provisional patent applications because they are less complicated. Furthermore, the US Patent Office does not deal with these applications, and it lacks the difficult claim section. Regardless of the methods you use in your patent application, the most important thing you should do is conduct a professional US patent search before filing any patent application.

What are the advantages and disadvantages of self-drafting? This is a crucial question that you must answer first and foremost while keeping things simple. So, let’s take a look at some of the advantages and disadvantages of self-drafting. Saving a significant amount of money on attorney fees is one of the many advantages. Second, you will not have to rely on anyone and will be able to draft the application at your leisure. However, whenever you consider this option, you are more likely to consider the risks rather than the benefits. When preparing the drafts for the same, you may make a number of errors in the patent application, causing you to lose a few of your patents.

You’ll have to devote a significant amount of time to learning and exploring the concepts surrounding patent applications. You will never be able to file for patent protection in another country during the first year after filing your patent application. In this light, it is clear that self-drafting any patent application is a risky proposition. Using special patent applications can also introduce a number of flaws. As a result, rather than risking problems by doing things yourself, it is recommended that you hire a competent patent agency, like InventHelp patent an idea agency, or an patent attorney.

A provisional patent application is a legal device adopted by Congress in 1995 that allows inventors to submit an invention using a very informal procedure to the United States Patent Office (USPTO) for a reduced filing fee.

The reduced filing fee is currently $80 for small entities, which are defined as companies having less than 500 employees, according to the USPTO.

In comparison, the filing fee for a traditional patent application, formally known as a utility patent application, begins at $385 for small entities as you can see on how to patent a product with InventHelp article.

How to File a Provisional Patent Application

To file a provisional patent application, submit at least the following to the U.S. Patent and Trademark Office:

• A description (aka specification): This is any writing that sufficiently describes the invention
• Some kind of drawing.
• $80 check
• An appropriate cover letter to the United States Patent office

The patent office will receive the application, check it for filing clerical errors (i.e. paper some unusual size for example), date it and file it.

That’s it.

IMPORTANT: The provisional patent application is dated, filed but NOT examined by the U.S. Patent and Trademark Office.

The Next Step

After one year one of two things happens:

Either the inventor follows up with a proper utility patent application (the $5000 version), in which case the patent process proceeds

OR the inventor does nothing in which case the provisional patent application is abandoned and the technology usually (but not always) fall into the public domain.

The one year deadline is set by statute and is a hard deadline that cannot be changed by the USPTO or anyone else. For more information please read how do you patent an idea with InventHelp post.

After the patent application has been properly completed and filed, and assuming that all of the statutory requirements have been met and the fees have been paid, the USPTO will review the application much like any other application process. The office will check to see if other patents exist that are closely related to your idea and whether or not the invention is useful, is novel and is non-obvious.

There is no hard-and-fast timetable for a decision on an application for a patent. This timetable largely depends on the backlog with the USPTO at any given time, and on average, it takes at least one year if not more to receive a final decision. In the meantime, as long as a valid application has been received, an invention can be labeled as ‘patent pending,’ which provides at least a limited amount of protection while the application is in process.

If a patent application is denied, it basically means that it did not meet at least one of the standards mentioned above. If you find yourself in this position, you have appeal rights at your disposal, but you’ll need a patent attorney or a patent agency with an attorney, such as patent InventHelp agency, to help you through this complicated process with the USPTO. You also have the option of filing another application, but this may not be advisable under certain circumstances.

Regardless of your specific situation, applying for a United States patent is a long, involved and complicated process, and it should not be done without legal help. You need to work with an experienced patent attorney, such as patent invention InventHelp attorney, who understands the basics of patent law and how to properly formulate your application to give it the best chance for approval. It’s generally known that more than 90% of patent applications are initially denied, so do not become discouraged if this has happened to you.

Filing for a patent involves choosing the type of patent – provisional, utility, or design, and every application must meet certain tests, including utility, non-obvious nature, novelty and be involved with processes, machines, compositions of matter, manufactured items or new uses of any of the above. Additionally, can take years for an application to be approved or denied, which is why you need to work with the attorneys to give yourself the best chance for approval from the USPTO.

Before you decide to pursue your idea, you should be confident that a market exists for you new idea that is at least large enough to cover your investment costs and hopefully, significantly larger than that.

Determining Patentability

It is advisable to have a patentability search conducted before you invest time or money in a new project idea. If cost is a factor initially, you can conduct a free preliminary patent search on the Internet. However, before a patent application is filed, a search should be conducted at the United States Patent and Trademark Office (USPTO).

Benefits of a Patentability Search and Opinion on Patentability

A patentability search reveals the closest “prior art”(i.e. the closest patents, published patent applications and other public information relevant to your idea). The opinion on patentability is prepared based on the closest prior art. It is possible to draft the broadest claims to which you are entitled based on the prior art and the prior art can also serve as a basis for refining your invention further. If a conflict is located, it may be possible to design around the prior art to avoid a conflict. It is all explained in details on how to apply for a patent with InventHelp article.

Provisional Patent Applications

A provisional patent application extends the deadline for filing a utility patent application by one year and it is less expensive to file than a utility patent application. A utility patent application must be filed however, within on year of filing the provisional patent application because the provisional application does not result in a patent.

Prior to preparing and filing a provisional patent application, it is advisable to have a patentability search conducted at the US Patent and Trademark Office.

Utility (Non-Provisional) Patent Applications

A utility patent (sometimes referred to as a non-provisional patent) protects the function of a device or method. The cost to prepare and file a utility patent application, including the filing costs to the US Government and drafting costs that can increase depending upon the complexity of the subject matter.

Prior to preparing and filing a utility patent application, it is advisable to have a patentability search conducted at the US Patent and Trademark Office.

Design Patent Applications

Design patents protect the ornamental features of an invention. Unlike a utility patent, a design patent does not protect functional features. For that reason, normally a utility patent is preferred. However, there are situations where the invention includes ornamental features that are significant and therefore deserve to be protected with a patent. Moreover, having a design patent allows you to mark your product and advertising with the the patented indication as you can read on how to patent a product with InventHelp blog post.

Intellectual Property is that which you can own even though it has no direct, physical embodiment. (If it was land, it would be ‘real property’, while if it were cash, stocks, or other ‘things’ it would be ‘personal property’). Intellectual Property is always described, usually by some form of writing, and will be one or more of the following classes: a Patent; a Trade- or Service- Mark; a Copyright; or a Trade Secret. The reason I say ‘or more’, is that some (but not all) Intellectual Property can be both the subject of a patent and a copyright, or a trademark and a copyright.

Each of the first three (patent, trade/service mark, copyright) exist because the legislature created laws that define the process and boundaries, ultimately, for those particular types of intellectual property; while ‘trade secret’, though now the subject of specific statutes in most states, was originally created by judicial decisions about what was sensible and fair as written on https://www.harlemworldmagazine.com/why-inventhelp-is-such-a-valuable-resource-for-inventors/.

A Patent?

‘Patent’ is shorthand for ‘Letters Patent’, which means a governmental grant of a limited monopoly for an invented idea. A U.S. patent must be examined by the U.S. Patent (and Trademark) Office, which at least claims to consider whether an individual’s invention is useful, new, and not obvious. You can also patent a design that it is new, or a plant that it was created, not discovered. A patent lasts for 20 years from the date of its initial application and lets the owner prevent anyone else from commercially making, selling, or using the invention in the U.S..

In the U.S., only individuals can be inventors, even though corporations can own patents. Patents are also the subject of international treaties. Two key things to remember about the rest of the world’s view of patents: you must file your patent application before you disclose or sell your invention, and the first to file wins the race. For more information read https://www.kstatecollegian.com/2021/09/24/how-you-can-boost-the-chances-of-becoming-a-successful-inventor-with-inventhelp/.

U.S. patent protection is an extremely important consideration for any business involved in the manufacture and sale of products in the United States. The owner of a U.S. patent has, for a limited time, the exclusive right to make all sales of the patented product in the U.S. market. Because the patent owner can legally stop others from making and selling the patented product, a patent owner can charge a premium price for a product they make and sell that can be much higher than the actual cost to manufacture and sell the product.

This means that the patent owner can make potentially very high profits on sales of the patented product during the life of the patent, which can help the owner more quickly recover the investment made to develop the new product. Even if the patent owner does not make and sell the product, they are legally entailed to collect at least a reasonable royalty from anyone else who does. You can always consult with a professional patent agency, such as Invent Help, for any information.

An Example of the Effect on Price of U.S. Patent Protection

A common example of the effect of patent protection on price is the sale of “brand name” drugs at high prices. The patent protection on brand name drugs is what allows the company who first invented the drug to sell it at a high premium price without competition. However, once the patent protection ends competitors enter the market with a “generic” version of the drug at a lower price, taking sales away from the brand name drug, and possibly forcing the manufacturer of the brand name drug to lower its prices in order to maintain sales.

While nobody likes paying high prices, the reality is that without the availability of patent protection and the potential to charge higher prices for at least a limited time to recover development costs a business may be unable to justify the risk of investing money to develop new products. This is particularly so in areas where the cost of research and development is very high (as in many millions of dollars), such as with pharmaceuticals. The higher price consumers may have to pay for a limited time due to patent protection is the price society has decided to pay for encouraging business to investment in new technologies and products.

Profit Considerations

Since bringing a new product to market is often a very expensive and risky investment for a business, many times it can only be justified if there is a potentially very high profit to be made that justifies taking the risk. Accordingly, the availability of patent protection is often a critical factor to consider when deciding whether an investment in a new product is justified.

Without patent protection a business that introduces a new product may not be able to make enough sales at high enough prices to generate profits sufficient to justify the risk of an investment in the new product. Effective patent protection however is often a difficult thing to obtain. The U.S. patent laws can be complex in their application. Individuals with ideas for a new product are particularly vulnerable to being sold services related to patent protection that are ineffective and offer little if any real value.

Be Informed

It is highly recommended that before making any substantial investment in the development a new product, including any services related to protecting, promoting, or manufacturing a product, that an individual or business first consult with a qualified  patent agency like InventHelp. Doing so can save a great deal of time, trouble, and expense in the long run. Affordable consultations are available from the law office of registered U.S. patent attorney.