Patent Trademark Office

Anyone desiring to pursue filing a patent for an idea/invention, trademark or a slogan for a product, has to apply through the patent trademark office. The applicant for a patent for any of those four concepts must be able to show how their idea is practical in the real world. A written description and drawings of the idea/invention’s would demonstrate that concept.

Inventor Tip:

Registering your idea early could be vital to keeping your rights. Sometimes it's a race to the patent office, as was the case with the telephone with two patents being filed the very same day. Do you even know the name of the OTHER guy?

What is the first step the patent trademark office requires?

The patent trademark office will assist you in deciding which type of patent should be applied for as there are three different categories. They are Utility, Design and Plant and each demands a different type of application. At this point, it would be prudent to engage the services of a Patent Attorney/lawyer or agent.

Search for similar or same patents applied for through the patent trademark office

The legal representation you should have chosen by now should assist you in your search before an application is filed. If someone has applied for a patent for a similar idea, their application data should reveal whether or not your idea is more complete and more practical than that invention. You could go on to patent your idea or invention if it is a significant improvement of a patented idea or invention.

Protecting your invention by filing a provisional patent through the patent trademark office

Once you find that there is no other patent filed for your idea/invention, it would be wise for your legal representative to file a provisional patent to protect your interests until a patent is granted. You would then be assured of a priority date for the filing and also the opportunity to claim the patent pending status. It would also be wise to file a document disclosure so anyone else filing will know that the idea/invention is yours, along with the priority date.

Keeping track of your patent application though the patent trademark office

The legal agent you have chosen will keep track of your application for a patent to protect your interest through the process until you achieve success in attaining a patent.

Once the patent trademark office has notified you of your patent ownership, maintenance fees will apply

You should be apprised of maintenance fees that apply to your patent for the 20 approximate years you own the patent. Non-payment would cause deletion of your ownership.