Help For New Inventors – USPTO Basics
Fortunately, there is lots of help for new inventors who so desperately need it. An experienced patent attorney will work with you to make sure that you make no mistakes when submitting your patent application. Specifically, he or she will help you to figure out whether your invention meets the requirements for patentability. Specifically, this includes determining whether your invention is unique and not obvious in view of what others have done previously. Additionally, an attorney will help you with negotiating the best possible deal for licensing your invention. Once you have a license to your invention, you can let it develop and begin profiting from it as soon as possible.
A patent attorney will prepare and file your patent application on your behalf. He or she will also work with you to create a written description of your invention and the present state of the art of which it is based upon. Specifically, the attorney will perform an exhaustive examination of the paper and any published works using your invention and make appropriate suggestions as to improvements that would make your invention more original and therefore less prohibitive to patenting. Moreover, he or she will also review the utility patents on which you claim priority. Specifically, this includes determining if there are similar inventions in prior art that would preclude your patent application.
In addition, an experienced patent attorney will assist new inventors in drafting the submission to the USPTO. Specifically, he or she will assist in drafting the USPTO Application Cover Page. This is the document, which describes the invention in easy to understand language. Importantly, your patent application must be truthful and complete and submitted with a completed package of drawings and supporting information.
It is important for a new inventor to understand the significance of hiring a patent attorney. First, he or she may want to consider hiring a new inventor lawyer to handle the patenting process. Second, he or she may want to hire a new inventor consultant to help with the patenting process. Specifically, these consultants will assist in understanding the invention, drafting the patent application and helping new inventors compile the necessary documents.
In addition, new inventors need to have an attorney draft the Business Opportunity Agreement. Essentially, the Business Opportunity Agreement serves as the first contract between the inventor and the company making the product. Specifically, the BEA sets out the payment terms, guarantees of return and profit and sets forth the responsibilities of both parties. The intention behind the creation of the Business Opportunity Agreement is to protect both new inventors and the company from potential litigation arising from the new invention. Also, if the business fails, the inventorship founder may be liable to the company for the costs of the failed business.
Another important aspect of securing the rights to the first invention is to determine whether the inventor wants to make the full commercial disclosure of the invention. Often, inventors believe that they can adequately disclose their invention to adequately protect their rights; however, this is not necessarily true. In some circumstances, an inventor may wish to withhold the first patent so that the public does not become aware of his or her invention prior to its issuance. Historically, the United States Patent and Trademark Office has been very restrictive in regards to the first patent disclosure requirements. Therefore, if an inventor is confident that disclosing his or her invention will result in undue competition, withholding the first patent may be the best course of action InventHelp inventor.
One of the most overlooked features of securing a patent is to properly submit the application to the US Patent and Trademark Office. While it is important to read the Application in its entirety, many inventors do not focus on the Application and its left side, which contains part disclosure information. Specifically, the left side of the application includes a table of contents with description of each section. While a majority of inventors prepare the left side of the application carefully, many do not submit the entire left side to the US Patent and Trademark Office, as a result missing one of the most important aspects of securing a successful patent. This is known as the “Wow Factor” and is one of the reasons why the USPTO examiner often considers an invention to be substantially different from what would be considered a “duplicate.”
One final element of securing a successful patent is to submit prior art related materials to the patenting agency like drawings, specification sheets, and other technical information. While it is not necessary to include every single piece of prior art, a thorough knowledge of prior art will increase the likelihood that the patent examiner will consider your new invention to be novel and eligible for allowance. In short, if you are looking for help for new inventors, the USPTO is your friend. Spend the time to learn how the USPTO works and, most importantly, spend the time to submit your new invention correctly.