What everyone should know about patent application

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Inventors are experts in patent application.  They need to be.  They need to know the ins and outs of requesting for a patent at a patent office (usually the national patent office).  For newer innovators, here are the basic guidelines and steps to be followed as outlined by the United States Patent and Trademark Office, or USPTO.

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IP protection type

Off the bat, inventors need to know if their invention qualifies for a patent.  If it does, they need to know what type of Intellectual Property, or IP protection is needed.  There are a number of questions to be answered in determining this.  Inventors should also check if the invention has already been previously patented.

Initial application

The next step is to know the cost, how long it will take, and the expedited exam options.  This information will help the inventor submit the correct initial application, filing date, and initial fee.

Examiner

There will be an examiner who will check the completed initial examination.  He may or may not approve the application, depending on their own set of rules and guidelines.  If an invention’s patent application has been rejected twice, the inventor may go to the Patent Trial and Appeal Board, or PTAB, for an appeal.

Approval and maintenance

Finally, if the application and patent have been approved, there will be instructions including a Notice of Allowance, and utility and reissue patents.  Patent grants are usually mailed on the issue date, which is around a month after the approval.  There are fees to be paid for patent maintenance and protection of the invention. 

Michael Melton owns TME Enterprises, and is founder and president of MEM Enterprises Group which owns, operates and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. Michael has enjoyed a distinguished career as an Intellectual Property attorney and is currently a partner at Norris & Melton P.L.L.C located in Washington, DC. To learn more about TME Enterprises, visit this blog.