Article for Invent-Manufacture:
When an inventor comes to the point where they are thinking about patenting their invention, hesitation and a little fear over the process can be normal. Take a deep breath and get ready to move forward, the process is not as difficult as you think and in light of the recent signing into law of the “America Invents Act”, taking the country from a first to invent system to a first to file system, it may be in your best interest to get going on that patent.
A patent is the grant of a property right to an inventor issued by the United States Patent and Trademark Office. The Inventor becomes the owner of the patent and can manufacture a product with this patent or can sell rights to the patent, allowing others to manufacture the product. The patent grant is "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the U.S.
There are three types of patents, the first two being the type most likely filed by the manufacturing community:
Utility Patent: Basically a patent on an apparatus, article of manufacture or new and useful process.
Design Patent: A design patent is sometimes compared with a copyright, and is basically a patent on a very specific design.
Plant Patent: A plant patent is a patent on a new species of fruit, vegetable or other asexual organism.
The first step in the patent process is to contact a patent agent or patent attorney. A Patent Agent is someone with proven technical expertise in a hard science (such as engineering or software) who has passed the Patent Office Bar Exam and is registered with the US Patent and Trademark Office to represent patent applications and “prosecute” patent applications. A Patent Attorney is an attorney who has demonstrated technical expertise, has passed the Patent Office Bar Exam and is also admitted to the bar of one of the 50 states or the District of Columbia. Patent attorneys, like patent agents, represent patent applicants before the US Patent and Trademark Office. Unlike Patent Agents, a Patent Attorney can also represent his or her client in court.
A patent attorney or patent agent can advise you on the cost of filing a patent, what information will be needed from you such as design specifications and drawings, along with what to expect from the process. Patentsr.us is a free patent agent / patent attorney referral service that can help get you set with a practitioner best suited to your needs. The web site also offers some good information for inventors who want to learn more about patents and the patent process, check out the these helpful pages on patentsr.us: patents 101 and patent basics.
Denise Cronin submitted this article to us. Thank you Denise.
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