BioPatentSm
Intellectual Property Services
Patent Protection
by Gary L. Baker, Patent Attorney
STEPS TO OBTAINING PATENTS*
I. Drafting a Patent
- Search journals, internet, US patents, Internalional
published patents etc. to find the closest similar inventions.
- Draft claims (a unique skill of patent professionals) tailored to be as big as possible
without claiming old art.
- Draft application
to support claims (you can only claim what is disclosed in the application).
- Prepare any Figures
necessary to the understanding of the claims (near manditory for system, device machanical
claims).
II. Provisional Patent
- Informal provisional
application establishes a filing date.
- Not searched or examined by the Patent Office.
- Low filing fee.
- 12 months to file formal application(s)
III. U.S. Utility Patent
- Must be filed within 1 year of the Provisional filing date, or can be filed instead of a
Provisional application.
- Utility
applications include: Inventors list, Summary of the invention, Figures, Detailed
Description, Claims.
- Other documents filed: Transmittal, Assignments, Declarations of Inventors, Fee
Transmittal.
- Application text must support the claims.
- Figures necessary to understand the claims.
- Claims filed will be searched and examined.
- Prosecution of the application: Office Actions, Applicant Response, Appeals.
- Application published 18 months from first filing date.
- Issue of a Patent: Fees, Maintenance
IV. Patent Cooperation Treaty (PCT) Application
- File PCT
application within 1 year of the Provisional filing date.
- File with or instead of the U.S. Utility application.
- Application can include same text as U.S. application; PCT Request forms, Figures.
- Demand for early prosecution and preliminary examination can be made.
- International Search Report (IPR) identifies relevant prior art references.
- Application published 18 months from first filing date.
- Applicant choice of countries for National Phase prosecution.
V. National Phase Applications
- Filing in Patent Offices of selected countries.
- Necessary translations.
- Filing fees for each selected country.
- Hire licensed professional in each country.
* This Web Page is intended for general education. This page can not be
considered legal advice. Please contact your Patent Professional beforeattempting to
file or prosecute a patent.