Utility Patent Process

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USPTO-Patent-Flowchart

What Is the Utility Patent Process?

A utility patent means the same thing as a non-provisional patent application (NPA). A NPA is more formal than the provisional and it must contain all of the detailed sections such as brief description of drawings, summary, background, field of invention and most importantly claims. Unlike the provisional, the non-provisional application must point out and distinctly claim the invention they are claiming is their own. The language of claims is nearly a language unto its own – and requires a true skill to craft language in such a manner to grant the inventor as much rights as they are deserved under the invention without falling victim to encroaching into another’s patent rights. The non-provisional application may supersede and claim the priority of a provisional application which means it alleges that the invention as described and claimed in the non-provisional was fully described in the provisional. The non-provisional is what gets examined by the USPTO and is the application that may eventually be granted.

The steps leading up to obtaining a patent grant through a NPA:

Are useful when a client is concerned that they may be infringing on another’s patent and want to know whether the infringed patent claims will hold up in court. Also, validity opinions are useful for a client who would like to assure themselves that their patent and claims are valid before enforcing their patent rights or entering into licensing negotiations.

How Bold Patents Does NPAs:

Our approach is similar to that of the provisional application, but heightened even more so. We partner with the inventors and applicants to co-draft the written descriptions and make sure the drawings are looking sharp. We often times send out the drawings for professional CAD drawings. The nonprovisional is the formal, cleaned up and professional version of the provisional. The effort our attorneys put into nonprovisional applications is focused on drafting the claims. Claim drafting, as mentioned above, is a skill that our attorneys at Bold Patents take great pride in.

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