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|
Kind Words from the Bold
"We have recently received Notice of Allowance from the USPTO for our soon-to-be-issued patent. The Bold Patents team guided our patent through the intricate and challenging process of earning patent approval. J.D., John Ahn and Maegan worked seamlessly to provide a high level of service for which I’m very grateful.“
-Katherine Burks of Seattle, WA
“J.D. is an EXCELLENT patent attorney. I am speaking from the lens of having seen the dedication and work that he puts into making sure that his practice functions as a well-oiled machine designed to produce results for his clients. You are in great hands here. I would gladly recommend a friend or family member to these guys!“
-Pete Maughan of Seattle, WA
“Wow, you guys work late! I was just about to send Maegan an email, so you must be reading my mind! I wanted to tell you and her thank you so much for scheduling the consultation with John and for sending me all the awesome and informative material. I was pleasantly surprised to receive your book in the mail and via email along with the helpful charts, and I felt well-informed about patents and the application process after reviewing all the materials. John was also very helpful in our 30-minute consultation today and I appreciated his kindness and expertise.“
-Christina Moldovan of Loma Linda, CA
“The associates at Bold are professionals to the core. Their knowledge and experience are expansive as well as trustworthy. Their services in helping me file a trademark for my business have been outstanding and I will definitely refer their firm to family, friends and associates.“