Basic Facts - Patent Applications
 
 

 

Please note that this firm does not file patent applications. We can refer you to Patent counsel for the filing of patents in the United States and in foreign countries.

 

 
  What are the requirements of a valid patent application?  
   
  • Disclosure - The patent application must be sufficiently complete, thorough and precise as to enable those skilled in the art to practice the invention based upon what is disclosed in the application itself, without undue experimentation. The claims must be sufficiently definite and precise to give public notice as to what constitutes infringement. The application must also identify the best mode of practicing the invention known to the inventor when the application is filed. Finally, the disclosure must be complete in detail.
  • Candor - Patent applicants are required to provide information about the field of art, possible anticipating patents, prior public disclosure (by both the applicant and third parties), and generally to provide information to the patent office that would be relevant in consideration of the application. In addition to fraud upon the patent office, merely not disclosing relevant information to the patent office can result in invalidity of the patent under the "inequitable conduct doctrine."
  • Technical Requirements - These include prohibitions against double patenting, and that only the inventor can file an application. For specifics on the forms and requirements, visit the United States Patent Office.
 
  What is the patent application process?  
   
  • Once information is collected, it is then analyzed and written into the correct format including the drafting of claims.
  • This is then reviewed by you and verified for accuracy and inclusiveness.
  • Once complete, the application is signed and then filed along with appropriate fees.
  • The application is examined by the Patent Office. Office actions are then issued which require responses ranging from one month to six months, depending upon the nature of what is raised. Assuming that the application is placed into a condition for grant, the patent is granted.