Patent attorney serves as counsels to corporations or individuals. Patent attorney helps determine if the invention is patentable. Patent attorney does this by evaluating the invention. Depending on the result of the evaluation, patent attorney advises the client as to whether a patent application should be filed on the invention. During the evaluation phase, patent attorney conduct 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 the patent attorney decides that a patent should be applied for, then a patent application will be drafted and filed in the USPTO. In the application, patent attorney give includes 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. After the application has been filed in the USPTO, it is assigned to a patent examiner. Through correspondence with the examiner, discussions in person or by telephone, and perhaps amendments to the claims, the patent attorney seek to obtain favorable final action for the applicant. If the patent lawyery succeeds, a patent is issued on the application. If the invention is not patentable, the applicant, with the patent attorney's assistance, can appeal to the USPTO's Board of Appeals. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
The patent attorney may file patent applications in other countries to increase the area of patent protection of the patent owner if the invention is marketed worldwide. The actual filing and prosecution of these foreign applications are usually handled by foreign firms. U.S. patent attorney is expected though to have some working knowledge of the various patent laws and procedures in the major industrial nations of the world in order to give legal advice to the client.
After the patent is approved, the patent attorney may investigate and develop licensing opportunities for the patented product or process. Patent attorney advises and represent clients in related areas other than in patent such as trade secret law, copyright law and trademark law. Patent attorney can also secure permission for their clients to make use of intellectual property owned by others. The lawyer may draft and negotiate licenses for a particular patented product, trademark, or copyrighted work that the client would like to market or use.
Search Patent
Search patent is one of the most basic thing an inventor has to do when applying for patent. Search patent enables the inventor to know if his invention is already patented or not. Search patent can determine if the proposed invention merits the patentability as set by the statutory conditions.
The most basic place to do search patent is accessing database of the US Patent and Trademark Office worldwide. There are designated patent libraries which one can use too. During search patent, an inventor should compare a collection of prior patents, printed publications, journals or other technical articles with the invention. These references serve as basis for determining the patentability of an invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid.
Purposes in Conducting Search Patent
1. Find out if invention is patentable.
Search patent helps determine if the invention can be patented or somebody has made a prior claim on the invention before. This way, search patent can prevent you from investing valuable time, energy and money on unpatentable invention.
2. Avoid patent infringement.
Search patent will enable the inventor to prevent costly lawsuits due to patent infringement on someone else's patent.
3. Find similar patents.
Search patent will help you generate ideas on similar products on how to improve your existing design. You may have little idea on what are the recent innovations pertaining to your invention or what other experts in the field have already developed. Search patent will bring you up to date on the state of the art.
4. Protect your patent.
When writing a patent application, the search patent can aid the attorney in knowing what the most similar patents cover. If you file a patent without using comprehensive search patent you risk another previous inventor coming forward and invalidating your invention.
5. Marketing your invention.
If you don't yet have a patent, the best way to sell a license is a strong patentability opinion from a patent attorney. Search patent may help show that the idea can be patented and licensed.
Search patent may also enable the inventor to apply for a patent despite prior art claims. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior Search patent and Opinion allows the inventor to identify the patentable elements and file a patent application which avoids the prior art and prevents any patent infringement.
The most basic place to do search patent is accessing database of the US Patent and Trademark Office worldwide. There are designated patent libraries which one can use too. During search patent, an inventor should compare a collection of prior patents, printed publications, journals or other technical articles with the invention. These references serve as basis for determining the patentability of an invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid.
Purposes in Conducting Search Patent
1. Find out if invention is patentable.
Search patent helps determine if the invention can be patented or somebody has made a prior claim on the invention before. This way, search patent can prevent you from investing valuable time, energy and money on unpatentable invention.
2. Avoid patent infringement.
Search patent will enable the inventor to prevent costly lawsuits due to patent infringement on someone else's patent.
3. Find similar patents.
Search patent will help you generate ideas on similar products on how to improve your existing design. You may have little idea on what are the recent innovations pertaining to your invention or what other experts in the field have already developed. Search patent will bring you up to date on the state of the art.
4. Protect your patent.
When writing a patent application, the search patent can aid the attorney in knowing what the most similar patents cover. If you file a patent without using comprehensive search patent you risk another previous inventor coming forward and invalidating your invention.
5. Marketing your invention.
If you don't yet have a patent, the best way to sell a license is a strong patentability opinion from a patent attorney. Search patent may help show that the idea can be patented and licensed.
Search patent may also enable the inventor to apply for a patent despite prior art claims. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior Search patent and Opinion allows the inventor to identify the patentable elements and file a patent application which avoids the prior art and prevents any patent infringement.
Patent Process
As an inventor knowing patent process is a very important requirement. This could help your bid in securing a patent. The invention could be worth millions of dollars which could justify the trouble of going through the patent process. The patent process could be greatly facilitated by the aid of patent lawyers or agent. But inventors can do the job themselves.
Probably the most basic step on patent process is to determine if the invention is patentable. This plays a huge factor during the patent process. The result of the evaluation will determine if you push through with the application for patent or not.
The following suggestions help you with the patent process:
1. Keep a careful record of your invention. In this patent process you are required to record every step of the invention process in a notebook. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. In this patent process you need to show how your invention works. It must be different in some important way from all previous inventions. It also cannot be for sale or be known about for more than a year before you apply for a patent.
3. Assess the commercial potential of your invention. This patent process demands that you research the market you hope to enter.
4. Do a thorough patent search. This patent process entails that you need to search all the earlier developments in your field. You will be able to prepare a strong patent application.
5. Prepare and file an application with the USPTO. In this patent process you choose to file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention at USPTO.
After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on the patent process is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on patent process requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Probably the most basic step on patent process is to determine if the invention is patentable. This plays a huge factor during the patent process. The result of the evaluation will determine if you push through with the application for patent or not.
The following suggestions help you with the patent process:
1. Keep a careful record of your invention. In this patent process you are required to record every step of the invention process in a notebook. Sign and date each entry and have two reliable witnesses sign as well.
2. Make sure your invention qualifies for patent protection. In this patent process you need to show how your invention works. It must be different in some important way from all previous inventions. It also cannot be for sale or be known about for more than a year before you apply for a patent.
3. Assess the commercial potential of your invention. This patent process demands that you research the market you hope to enter.
4. Do a thorough patent search. This patent process entails that you need to search all the earlier developments in your field. You will be able to prepare a strong patent application.
5. Prepare and file an application with the USPTO. In this patent process you choose to file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention at USPTO.
After the application has been filed in the USPTO, it is assigned to a patent examiner. The next step on the patent process is for the patent examiner to make an exhaustive review on the application. This is done through correspondence with the examiner, discussions in person or by telephone, and perhaps doing some amendments to the claims. If the invention is not patentable, the applicant can appeal to the USPTO's Board of Appeals. This phase on patent process requires the aid of a patent lawyer. If the Board's decision is unfavorable, a further appeal may be taken by the patent lawyer to the U.S. Court of Appeals for the Federal Circuit.
Patent Drawing
Patent drawing is a requirement by law for patent applications in order to understand the nature of the invention. The Commissioner may require patent drawing where the nature of the subject matter admits of it; these patent drawing must be filed with the application. This includes practically all inventions except compositions of matter or processes, but patent drawing may also be useful in the case of many processes.
The patent drawing must show every feature of the invention specified in the claims. Patent drawing is also required by the Office rules to be in a particular form. The Office specifies the size of the sheet on which the patent drawing are made, the type of paper, the margins, and other details relating to the making of the patent drawings. The reason for specifying the standards in detail is that the patent drawing are printed and published in a uniform style when the patent is issued. Also, the patent drawing must also be such that they can be readily understood by persons using the patent descriptions.
Standards for Patent Drawing:
(a) Drawings. There are two acceptable categories for presenting drawings in utility patent applications:
(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings, or
(2) Color. Rarely color patent drawings may be necessary as the only practical medium to disclose the subject matter sought to be patented in a utility patent application or the subject matter of a statutory invention registration. The Patent and Trademark Office will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following:
(i) The appropriate fee set forth
(ii) Three (3) sets of color patent drawings; and
(iii) The specification must contain the following language as the first paragraph in that portion of the specification relating to the brief description of the patent drawings:
‘‘The file of this patent contains at least one drawing executed in color. Copies of this patent with color drawing(s) will be provided by the Patent and Trademark Office upon request and payment of the necessary fee."
No names or other identification will be permitted within the “sight” or near the patent drawing. Applicants must use the space above and between the hole locations to identify each sheet of drawings. The identification may consist of the attorney’s name and docket number or the inventor’s name and application number and may include the sheet number and the total number of sheets filed (for example, “sheet 2 of 4”).
The patent drawing must show every feature of the invention specified in the claims. Patent drawing is also required by the Office rules to be in a particular form. The Office specifies the size of the sheet on which the patent drawing are made, the type of paper, the margins, and other details relating to the making of the patent drawings. The reason for specifying the standards in detail is that the patent drawing are printed and published in a uniform style when the patent is issued. Also, the patent drawing must also be such that they can be readily understood by persons using the patent descriptions.
Standards for Patent Drawing:
(a) Drawings. There are two acceptable categories for presenting drawings in utility patent applications:
(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings, or
(2) Color. Rarely color patent drawings may be necessary as the only practical medium to disclose the subject matter sought to be patented in a utility patent application or the subject matter of a statutory invention registration. The Patent and Trademark Office will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following:
(i) The appropriate fee set forth
(ii) Three (3) sets of color patent drawings; and
(iii) The specification must contain the following language as the first paragraph in that portion of the specification relating to the brief description of the patent drawings:
‘‘The file of this patent contains at least one drawing executed in color. Copies of this patent with color drawing(s) will be provided by the Patent and Trademark Office upon request and payment of the necessary fee."
No names or other identification will be permitted within the “sight” or near the patent drawing. Applicants must use the space above and between the hole locations to identify each sheet of drawings. The identification may consist of the attorney’s name and docket number or the inventor’s name and application number and may include the sheet number and the total number of sheets filed (for example, “sheet 2 of 4”).
Patent Protection
Patent protection provides security to the patent applicant against patent infringement. Patent infringement would occur if someone made, used or sold your patented door lock without your permission in a country that has granted you a patent, during the term of the patent.
If you have patent protection and you believe your patent is infringed, you may sue for damages in the appropriate court. The defendant may argue that infringement on your patent protection did not occur or may attack the validity of your patent. The court will determine who is right, basing its decision largely on the language of the claims. If what the defendant is doing is not within the wording of any of the claims of your patent, or if the patent is declared to be invalid for any reason, there is no infringement. When you obtain a patent in United States and Canada, you enjoy patent protection that will enable you to sue infringers for all damages sustained after the grant of your patent.
The Patent Act does not require that patents be marked as "Patented." However, marking an article as patented for patent protection when it isn't is against the law. You may wish to mark your invention "Patent Applied For" or "Patent Pending" after you have filed your application for patent protection. These phrases have no legal effect but may serve as warnings to others for patent protection and that you'll be able to enforce the exclusive right to manufacture the invention once a patent is granted.
In obtaining patent protection it is important to do patent search. This will determine if your invention has ever been patented before. Don't count on obtaining patent protection until it's actually in hand though.
After doing a preliminary search, patent protection also entails that one should apply for a patent. A patent application consists of an abstract, a specification and often drawings. The abstract is a brief summary of the contents of the specification. The specification comprises:
1. a clear and complete description of the invention and its usefulness;
2. claims which define the boundaries of patent protection.
Your specification must be so clear and complete that it will enable anyone with average skill in the technology to make or use the invention.
Information you specify as protected by your claims cannot be used freely (copied, manufactured or sold) by others until the patent expires. Information not protected by your claims can be used immediately by anyone. The challenge is to draft the claims so that your invention is defined broadly enough to provide maximum patent protection against potential infringers, while at the same time being sufficiently specific to identify your invention and distinguish it from all prior inventions.
If you have patent protection and you believe your patent is infringed, you may sue for damages in the appropriate court. The defendant may argue that infringement on your patent protection did not occur or may attack the validity of your patent. The court will determine who is right, basing its decision largely on the language of the claims. If what the defendant is doing is not within the wording of any of the claims of your patent, or if the patent is declared to be invalid for any reason, there is no infringement. When you obtain a patent in United States and Canada, you enjoy patent protection that will enable you to sue infringers for all damages sustained after the grant of your patent.
The Patent Act does not require that patents be marked as "Patented." However, marking an article as patented for patent protection when it isn't is against the law. You may wish to mark your invention "Patent Applied For" or "Patent Pending" after you have filed your application for patent protection. These phrases have no legal effect but may serve as warnings to others for patent protection and that you'll be able to enforce the exclusive right to manufacture the invention once a patent is granted.
In obtaining patent protection it is important to do patent search. This will determine if your invention has ever been patented before. Don't count on obtaining patent protection until it's actually in hand though.
After doing a preliminary search, patent protection also entails that one should apply for a patent. A patent application consists of an abstract, a specification and often drawings. The abstract is a brief summary of the contents of the specification. The specification comprises:
1. a clear and complete description of the invention and its usefulness;
2. claims which define the boundaries of patent protection.
Your specification must be so clear and complete that it will enable anyone with average skill in the technology to make or use the invention.
Information you specify as protected by your claims cannot be used freely (copied, manufactured or sold) by others until the patent expires. Information not protected by your claims can be used immediately by anyone. The challenge is to draft the claims so that your invention is defined broadly enough to provide maximum patent protection against potential infringers, while at the same time being sufficiently specific to identify your invention and distinguish it from all prior inventions.
Patent an Invention
In order to patent an invention the inventor must go through a number of processes. These processes to patent an invention can be complex and difficult. Although most inventors are concerned with the rights patent an invention grant during in-force, the law actually recognizes five "rights" periods in the life of invention patents. These five periods when you patent an invention are:
1. Invention conceived but not yet documented. This is the phase when you patent an invention where an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it. In this patent an invention phase the inventor has no rights whatsoever.
2. Invention documented but patent application not yet filed. After making a proper, signed, dated, and witnessed documentation when an inventor patent an invention he or she has valuable rights against any inventor who later conceives the same invention and applies for a patent. This phase gives the inventors when they patent an invention the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
3. Patent pending (patent application filed but not yet issued). When you apply to patent an invention including the one-year period after a provisional patent application is filed, the inventor can sue and recover damages against anyone who uses the invention. Most companies that manufacture a product that is the subject of a pending patent an invention application will mark the product "patent pending" in order to warn potential copiers that if they copy the product, they may have to stop later (and thus scrap all their molds and tooling) if and when a patent issues.
Eighteen months after filing, and while the application to patent an invention is pending, the U.S. Patent and Trademark Office (USPTO) will publish the application to patent an invention unless the applicant files a Nonpublication Request at the time of filing and doesn't file for a patent outside the U.S. If the application to patent an invention is published during the pendency period, an inventor can later obtain royalties from an infringer from the date of publication provided (1) the application later issues as a patent; and (2) the infringer had actual notice of the published application.
4. In-force patent (patent issued but hasn't yet expired). After the patent issues, the owner who patent an invention can bring and maintain a lawsuit for patent infringement against anyone who makes, uses, or sells the invention without permission.
5. Patent expired. After the patent expires, the owner who patent an invention has no further rights, although infringement suits can still be brought for any infringement that occurred during the patent's in-force period, as long as the suit is filed within the time required by law.
1. Invention conceived but not yet documented. This is the phase when you patent an invention where an inventor conceives an invention, but has not yet made any written, signed, dated, and witnessed record of it. In this patent an invention phase the inventor has no rights whatsoever.
2. Invention documented but patent application not yet filed. After making a proper, signed, dated, and witnessed documentation when an inventor patent an invention he or she has valuable rights against any inventor who later conceives the same invention and applies for a patent. This phase gives the inventors when they patent an invention the legal right to sue and recover damages against anyone who immorally learns of the invention (for example, through industrial spying).
3. Patent pending (patent application filed but not yet issued). When you apply to patent an invention including the one-year period after a provisional patent application is filed, the inventor can sue and recover damages against anyone who uses the invention. Most companies that manufacture a product that is the subject of a pending patent an invention application will mark the product "patent pending" in order to warn potential copiers that if they copy the product, they may have to stop later (and thus scrap all their molds and tooling) if and when a patent issues.
Eighteen months after filing, and while the application to patent an invention is pending, the U.S. Patent and Trademark Office (USPTO) will publish the application to patent an invention unless the applicant files a Nonpublication Request at the time of filing and doesn't file for a patent outside the U.S. If the application to patent an invention is published during the pendency period, an inventor can later obtain royalties from an infringer from the date of publication provided (1) the application later issues as a patent; and (2) the infringer had actual notice of the published application.
4. In-force patent (patent issued but hasn't yet expired). After the patent issues, the owner who patent an invention can bring and maintain a lawsuit for patent infringement against anyone who makes, uses, or sells the invention without permission.
5. Patent expired. After the patent expires, the owner who patent an invention has no further rights, although infringement suits can still be brought for any infringement that occurred during the patent's in-force period, as long as the suit is filed within the time required by law.
Patent Search
Patent Search is done to determine if the proposed invention indeed meets the statutory conditions of patentability. The Patent Search was used to be limited to the Patent Search Office database records of prior patents and publications. But the Internet and the recognition of business method patents paved the way for changes in patent searches beyond the Patent Search Office. But still, most patent searches are conducted by starting with the electronic databases of the various Patent Offices worldwide.
It is the patent counsel’s job to compare a collection of prior patents, printed publications, journals or other technical articles with the invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid. Based on the examination, an opinion letter is drafted, identifying the references similar to the proposed invention. The patent opinion explains what is shown by each reference and distinguishes those references from the proposed invention. Finally, the patent opinion discloses the likelihood that a patent will be granted on the proposed invention.
Patent Search enables the inventor to save money on the patent application in case the invention has already been disclosed. An inventor can conduct his or her own Patent Search or use the services of an experienced patent counsel to perform a Patent Search and opinion for them. In some cases, certain elements of the proposed invention (but not all, will be patentable. A prior Patent Search and Opinion allows the inventor to identify the patentable elements and file a patent application which will not claim the prior art. This may limit the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.
An inventor can start his or her own Patent Search by accessing the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. Patent Database may be the most popular means of search that can be used by a layperson. The Patent Search database only contains "keyword" searchable patent data from 1975 forward. In the case of articles of manufacture it is particularly important that a manual search through the classes and sub-classes is conducted on the U.S. database. A patent search of public databases, publications and journals is also an important step to assure the patentability of the invention.
After the patent search, it is important to understand how to compare the prior patents with your own invention. The limitations expressed in the claims must be understood before the patentability of your own invention can be determined.
It is the patent counsel’s job to compare a collection of prior patents, printed publications, journals or other technical articles with the invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid. Based on the examination, an opinion letter is drafted, identifying the references similar to the proposed invention. The patent opinion explains what is shown by each reference and distinguishes those references from the proposed invention. Finally, the patent opinion discloses the likelihood that a patent will be granted on the proposed invention.
Patent Search enables the inventor to save money on the patent application in case the invention has already been disclosed. An inventor can conduct his or her own Patent Search or use the services of an experienced patent counsel to perform a Patent Search and opinion for them. In some cases, certain elements of the proposed invention (but not all, will be patentable. A prior Patent Search and Opinion allows the inventor to identify the patentable elements and file a patent application which will not claim the prior art. This may limit the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.
An inventor can start his or her own Patent Search by accessing the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. Patent Database may be the most popular means of search that can be used by a layperson. The Patent Search database only contains "keyword" searchable patent data from 1975 forward. In the case of articles of manufacture it is particularly important that a manual search through the classes and sub-classes is conducted on the U.S. database. A patent search of public databases, publications and journals is also an important step to assure the patentability of the invention.
After the patent search, it is important to understand how to compare the prior patents with your own invention. The limitations expressed in the claims must be understood before the patentability of your own invention can be determined.
US Patent Office
In the US Patent office, after the patent application has been filed with the US Patent office, a patent examiner carefully reviews the application in order to determine the invention's patentability. The examination process usually takes 12 to 18 months. This is so because it will depend on the workload and staffing of the US Patent office. The US Patent Office examiners only verify that the description and claims per description by their inventors are new, unique, and not obvious to the US Patent Office. The US Patent Office examiners do not verify that an invention works. They try only to correctly verify that the invention is patentable and has not been patented in the US before.
To be patentable, an invention essentially must meet the following requirements set by US Patent office which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent office is often consider the entry test for patentability. It generally is satisfied unless: (i) prior to the inventor's invention date, the invention was actually reduced to practice or an application disclosing it was filed by one still diligently pursuing it, or it was patented by another or published anywhere in the world by others or publicly known or used in the US by others, or (ii) prior to one year before the filing date of the inventor's patent application, patented or published anywhere in the world or in public use or on sale in the US as a result of the acts of the inventor or others. This effective one-year grace period for such acts of the inventor is unique to the US patent laws; in foreign countries, such acts of the inventor would bar the inventor from obtaining a patent in their native land.
When the US Patent office examiner has made his/her initial patentability determination, the US Patent office responds by sending the applicant what is known as an "Office Action" containing its determination and the reasons for it. If the Office Action contains a rejection of the claims and there exist arguable grounds for contesting the examiner's determination, one typically files a "Response," usually in the form of an Amendment, to overcome the rejection. There are usually only two Office Actions and Responses before a final determination is made by the US Patent Office examiner as to the invention's patentability. If the result is detrimental to the applicant's interests, it can be appealed. Typical legal fees that apply for responding to Office Actions are $500.00 to $3,000.00, depending upon the complexity of the arguments.
Patent cost can be very high although fees for the patent application, issue and maintenance fees and other related fees are reduced by 50 percent when the applicant is a small business or individual inventor. U S Patent Office charges a minimum of about $4,000 over the life of the patent.
To be patentable, an invention essentially must meet the following requirements set by US Patent office which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent office is often consider the entry test for patentability. It generally is satisfied unless: (i) prior to the inventor's invention date, the invention was actually reduced to practice or an application disclosing it was filed by one still diligently pursuing it, or it was patented by another or published anywhere in the world by others or publicly known or used in the US by others, or (ii) prior to one year before the filing date of the inventor's patent application, patented or published anywhere in the world or in public use or on sale in the US as a result of the acts of the inventor or others. This effective one-year grace period for such acts of the inventor is unique to the US patent laws; in foreign countries, such acts of the inventor would bar the inventor from obtaining a patent in their native land.
When the US Patent office examiner has made his/her initial patentability determination, the US Patent office responds by sending the applicant what is known as an "Office Action" containing its determination and the reasons for it. If the Office Action contains a rejection of the claims and there exist arguable grounds for contesting the examiner's determination, one typically files a "Response," usually in the form of an Amendment, to overcome the rejection. There are usually only two Office Actions and Responses before a final determination is made by the US Patent Office examiner as to the invention's patentability. If the result is detrimental to the applicant's interests, it can be appealed. Typical legal fees that apply for responding to Office Actions are $500.00 to $3,000.00, depending upon the complexity of the arguments.
Patent cost can be very high although fees for the patent application, issue and maintenance fees and other related fees are reduced by 50 percent when the applicant is a small business or individual inventor. U S Patent Office charges a minimum of about $4,000 over the life of the patent.
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