If you’re in the process of inventing a new and useful product, process or machine, it’s important to know that starting the patent process early is crucial. This is because the United States Patent and Trademark Office, or USPTO, operates under a first-to-file system. You’ve worked hard on your invention, so you want to be the one who can profit from the work and exclude others from using it for profit. The patent process is a complex one that involves a thorough review by a Patent Examiner who will evaluate your invention to ensure that it is unique, and this person may require further documentation or may initially reject the patent. Hiring a skilled California patent law attorney will help you prepare for the process and with all negotiations and appeals.
The Patentability Analysis
When you consult with a patent law attorney to discuss filing a patent, that attorney will be likely to recommend some sort of patentability analysis. This analysis helps to anticipate what may happen when your patent application goes before the Patent Examiner for review and to prepare for various contingencies that are likely to occur. The attorney will also conduct a search to determine if your new invention is similar to one that already exists. This will help you modify the patent application to show the unique aspects of your invention so that it is more likely to pass the examiner’s review. The entire process for obtaining a patent can take as long as three years, and can become complicated, with early denials or requests for more information. This is where a patent law attorney can truly make a difference.
What Is Needed to Obtain a Patent
To obtain a patent, you must be able to show that your invention is truly new and that there is not already another invention just like it or very similar to it. Your invention must also be useful in some way and that it accomplishes some sort of function. Your new invention must also be something that is not obvious to someone in the field. Since nearly all inventions are created from components that are already found in previous inventions, this can be a difficult thing to show. However, it can be done. For example, if two chemical compounds were formerly used individually as insecticides and then an inventor combines them to form a more effective insecticide, the new insecticide may still be patentable because the components have a new synergistic effect.
Call to Schedule a Consultation With a California Patent Law Attorney Today
If you want to learn more about obtaining a patent for your invention, call to schedule a consultation with a California patent law attorney today. The legal experts at the Law Offices of Dorian Cartwright understand the complex process of obtaining a patent and can help you file the most effective possible application. We will thoroughly evaluate your unique invention and help you file the application so that it has the best chance of being approved. We serve the cities of Palo Alto, Mountain View, Santa Clara, San Francisco, San Jose and surrounding Silicon Valley and Bay Area communities. Stop by our website at cartwrightesq.com or give us a call at 800-810-8030 and let our legal patent professionals help you make your dream a reality.