Non-Provisional Applications

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Bold Patnet Process

A patent application is an important step in securing and protecting your intellectual property rights. While the process can seem overly complicated, it is important to understand the basics of a patent application before you file. Learn more about the application process below.

Utility (Non-Provisional) Patent Applications

A non-provisional application is more formal than the provisional and it must contain all of the detailed sections such as a brief description of drawings, summary of the invention, background, field of invention disclosure, and most importantly the claims. Unlike the provisional, the nonprovisional application must point out and distinctly claim the elements of the invention they are claiming is their own. Claim terminology is nearly a language unto its own – and requires a true skill to craft in such a manner so as to grant the inventor the broadest possible rights without encroaching into another’s patent rights. The nonprovisional application may supersede and claim the priority of a provisional application when the invention as described and claimed in the nonprovisional was fully described in the provisional. The non-provisional is what gets examined by the USPTO and is the application that may eventually be allowed to issue as a patent.

Design Patent Applications

For a client that wishes to protect only the way something looks or appears. This special type of patent application requires a very detailed approach to defining the shapes, orientation, and ornamental features of the invention. It is important to note that the protection given by a design patent (once issued) is limited to the ornamental appearance of the invention, not how the invention functions. A design patent protects only how the invention looks.

Plant Patent Application

Plant patent applications are available for those inventors or applicants who have found a new species of plant which has been reproduced without the need for natural pollination or nature (asexually reproduced). Examples of these types of patents are for different strains of hops, fruit trees, and grapes (for wine). Just like utility applications, the written description needs to fully enable the invention and allow someone who is in the field of horticulture to be able to make and use the invention. In addition, a specimen of the plant invention needs to be able to be submitted to the USPTO for inspection and analysis.

Foreign Patent Rights

Filing a Patent Cooperation Treaty (PCT) application is the most common method of filing internationally. Certainly, we can help you file in specific countries, but would need to reach out to co-counsel in said countries. These applications do not change in substance or content so much, but the examiner doing the searching and examination is what is called an International Search Authority (ISA) and that search and examination will be relied upon by the various countries that have signed up to the PCT (90+ countries). “Bold Ideas” provides more insight on PCT Applications; click here to access Chapter 17.

Why Hire a Patent Attorney to Draft Your Patent Application?

No Patent File it Yourself Legal Zoom Filing Patent Attorney Filing
Marketshare Marketshare must be created by pure business development and first-to-market plan Very high risk of improper filing and diminished overall scope of rights and potential market share High risk of improper filing and diminished overall scope of rights and potential market share Zero Risk of improper filing; market and infringement fully considered when drafting customized claims
Value Zero value Minimal value, based on limited scope of rights and non-existent or very poor drafting Limited Value based on limited scope of rights and poor drafting Strong value and knowledgeable legal expert affirms claims and position between competition when claims drafting
Investors Nothing to invest in but the business and revenue itself - no IP assets Unlikely accredited investor would assume any value from a pro-se patent applicant Very limited value applied to an application provided after reviewing the claims and drafting High value given toward the asset as it was well written and drafted with infringement in mind
Growth Improvements on invention are not captured because core technology was not protected Very High risk that Improvements on invention will be unprotected as core technology is likely not to be fully enabled High Risk that Improvements on invention will be unprotected as core technology is probably not fully enabled Improvements will be Protected because core technology will be fully enabled
Consulting/Advising None None Non-Legal Advisor and/or Limited Access Full access to Patent Attorney who will be Dedicated to your case

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