A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the patent application was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. United States patent grants are effective only within the U.S., U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.The right conferred by the patent grant is, in the language of the statute and of the grant itself, “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 United States. What is granted is not the right to make, use, offer for sale, sell, or import; but the grant confers the right to exclude others from making, using, offering for sale, selling, or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
If you’ve developed a unique idea, you might be wondering if it’s patent eligible. Whether you’re an individual inventor or representing an idea for a business, most people start their inquiries here. Our registered patent attorneys offer inventors an affordable analysis to determine if patenting is the right avenue of protection for them. Sometimes, other areas of IP need to be addressed in parallel, including: trademarks, trade secrets, and copyright law. Your Bold patent attorney will help you assess all areas of IP related to your invention in the context of your business goals.
Once you have determined that your idea is patent eligible, you will need to do a comprehensive search to determine whether the idea has previously been developed, published, or patented. A professional search and legal opinion will provide you the advice you really need to be able to make the decision to move forward.
After completing the comprehensive search and getting a positive opinion on patentability, filing a provisional patent application (PPA) is the best next move. A PPA provides you with the highly coveted “patent pending” status. This will allow you or your business to begin marketing the idea and seeking a secure investment.
Once your provisional patent has been filed, you must seek a non-provisional patent application (NPA), also called a Utility Patent Application, within a year in order for your patent to be granted. If the year passes without an NPA being filed, the security of your idea or invention will be at risk. This is also the time to consider expediting examination and/or filing internationally. Most hardware products have both design and utility patent protection.
With most hardware or tangible goods inventions, the shape of the product, with its specific design is incredibly important in marketing and promotion. With a design patent, the look and feel of your invention is protected, securing the design features of the invention that make it uniquely yours. Most hardware products have both design and utility patent protection.
If you have been falsely accused of patent infringement or if another party has infringed on your patented IP, we are fully equipped to analyze the situation and provide you with concrete astute legal opinions to confirm or deny infringement, patent validity, or both.
May be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
May be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
| No Search | Pro Se Search (Doing it by themselves) | Patent Attorney Search | |
|---|---|---|---|
| Does Your Invention have the Requirements for Patenting? (Eligibility, Novelty, Nonobviousness, Utility) | Unknown: There has been no search performed at all | Unclear: The results are only partial and not thorough | Confirmed: Complete, world-wide search including non-patent literature |
| Strength of Your Patent Application? | Weakest: Surface level, no reference points, does not cover areas of novelty in detail | Weaker: Lacking in detail, reference guessing, surface level | Strong Patent Application: all reference points and differentiators with clear direction |
| Your Time? | Very High Risk to missing obvious prior art | Your time spent searching instead of building a business or planning; high Risk to missing prior art | Time spent building your business, learning about competitors and adapting; Very Low risk to Missing prior art |
| Your Money? | Waste of money spent on patent application and fees | Waste of money spent on patent application and fees | Money well invested in doing the right thing |
| Legal Analysis? | None | None | Includes Legal Analysis |
| Legal Opinion? | None | None | Includes Legal Opinion |
| Consulting/Advising? | None | None | Full access to Patent Attorney who will be Dedicated to your case |
Post-Grant Actions
Prepared to start the patenting process? Bold Patents offers a number of services that will fit all of your patent needs! See the list below for our full list of patent prosecution service offerings.
Written by Patent Attorney J.D. Houvener, this updated edition provides inventors, entrepreneurs, and startups with practical guidance for protecting ideas, avoiding costly mistakes, and navigating the patent process with confidence.
Whether you’re exploring a new invention, building a startup, or preparing to file a patent application, our team is here to help you move forward with confidence. Get personalized guidance from experienced patent professionals who understand the challenges inventors face.
We are a full-service patent and trademark prosecution firm. We help inventors and entrepreneurs research, protect, and monetize their intellectual property in the marketplace.
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