How to Patent an Idea

Saturday, January 31, 2009
If you are an inventor learning how to patent an idea is a very necessary requirement. Part of the process of how to patent an idea is to make a patent application. A patent application consists of a written description of the invention or specification, together with illustrative drawings to disclose the invention, and claims. The disclosure or specification on how to patent an idea is required by law to be sufficient for one skilled in the art to which the invention pertains to be able to practice the invention. At the end of the application or how to patent an idea you can find a series of numbered paragraphs called "claims". The claims define the scope, range or area of the invention. The scope of the claims is interpreted from the disclosure or specification and technologies existing before you even inquire on how to patent an idea.

In learning how to patent an idea it is first important to know if your invention is patentable. During the patent search phase, you must determine if the invention is patentable. In the evaluation phase, you should conduct an in-depth investigation into the technical field involved, including study of the closest prior patents and references and a comparison with the invention to identify differences.
If after the process you or the patent attorney decides that a patent should be applied for, then a patent application will be drafted and filed in the USPTO. You can choose to how to patent idea between full-blown regular patent applications (RPA) or you can use how to patent an idea for the provisional patent application (PPA) on the invention. The PPA allows you to claim patent pending status for the invention but involve only a small fraction of the work and cost of a regular patent application. In the PPA, all that is required from the applicant on how to patent an idea is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing.
If you how to patent an idea on the invention, you or the patent attorney should provide the examiner a detailed description of how the invention is made and used, accompanied by drawings, and ends with a set of claims that will ultimately define the scope of the inventor's patent rights. If the application on how to patent an idea succeeds, a patent is issued on the application. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken to the U.S. Court of Appeals for the Federal Circuit.

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