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Applying for a Patent? Follow these steps

If you have an idea, concept or invention that you feel is worthy of being protected against infringement by others, you should consider applying for a patent. In this day of age, applying for a patent will give you an “exclusive right” for up to 20 years, and even longer if the patent right is renewed. In applying for a patent, follow these steps:

  1. The patent application: The first step is to file a patent application at the appropriate patent office. This will depend on the country you live in and the type of invention or concept you want to patent. The application should include a claim pertaining to why the filer thinks the invention is worthy of receiving a patent, i.e. what the device or concept will do for people. The patent application should have a written description of the item and a claim as to why it will be useful enough to be granted a patent. The claims presented should be concise enough to show why others should be excluded from developing the same invention or concept. Often, a provisional patent application which helps to reserve your patent application among others being filed, and allows the use of the phrase “patent applied for” when promoting the idea or product.
  2. Compliance with current patent law: Since a patent is a legal document, it must comply with the relative patent law of the country in which it is files. As such, it is often a good idea to engage the services of patent attorney to make sure that the patent application is in compliance with current patent laws already in force. The patent attorney will also be of great assistance should the patent being applied for be challenged by other people with similar inventions or concepts, or if a Patent sale is considered.
  3. Payment amounts for patent applications: Payment fee amounts will depend on what is involved to have the patent process completed, including search fees to make sure that the invention or concept has not already been patented. Patent application and reexamination processing fees in the USA cost between $820 for a small entity , to $1640 for a large one. Patent search fees cost anywhere from $50 t0 $100, and an international search report between $205 and $410.

If the patent is being applied for in Europe, especially an EU country, the patent can be filed under the provisions of the European Patent Convention or the Patent Cooperation Treaty (PCT). Fees can be less than filing in one particular country and when and if the patent is granted, it will give protection in several countries instead of just one.

Sources: Wikipedia Patent Application and U.S. Federal Register

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