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PATENT APPLICATIONS
PATENT
APPLICATIONS After you receive the patentability opinion, you will
want to
consider filing a patent application to protect your
invention. A
patent application includes an abstract, a specification, at least one
claim, a Declaration, a filing fee, and usually at least one drawing.
The most important part of the patent application is the Claims, which describe the scope of coverage that the inventor is attempting to receive from the United States government. An experienced Patent Attorney is typically required to receive the most preferable patent coverage for your invention. Adequate patent coverage ensures that potential infringers will be prevented from making, using or selling your invention even if they make a slight modification. We also have associates in most foreign countries if you need to file for foreign patent protection.
After filing the patent application with the USPTO, an Office Action
from the USPTO will usually be received within 8 to 14
months.
Typically, the USPTO will reject some or all of the Claims of the
patent application depending upon whether the USPTO Examiner believes
it would have been obvious to create your invention in view of the
prior art located by the Examiner.
It is then necessary to argue that your invention is patentable based upon the differences between the invention and the art cited by the USPTO Examiner. Legal arguments and decided case law may be used to refute the Examiner's position. A telephone interview with the Examiner may also be arranged to find agreement on any issues of dispute.
National
Inventor Fraud Center, Inc.
LEGAL DISCLAIMER: This web site provides general information only, not legal advice. You should not act upon this information without independent legal counsel. You must read and agree to the Terms of Service before viewing this web site. The NIFC is not associated with any Federal or State government agency. If you have been harmed by an invention marketing company or patent attorney, you should immediately seek the legal assistance of a reputable attorney licensed in your state. Michael S. Neustel is licensed to practice law only in North Dakota and in the United States Patent & Trademark Office. Statements made in this web site are merely opinions of the National Inventor Fraud Center, Inc. and should not be interpreted as factual. Neither Michael S. Neustel nor the NIFC market inventions, provide market analyses or provide marketability analyses for inventors. You are strongly encouraged to investigate any company or law firm you plan to work with and do not rely solely upon this web site when selecting a company to work with. Only you can determine if the companies listed on this web site are reputable or not. Information upon this web site is not for residents of Pennsylvania. Copyright
1998-2001 National Inventor
Fraud Center, Inc. |
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