11.1.3 How a Patent Is Obtained is the process of obtaining a patent from a federal or state government. A patent is an exclusive right granted for an invention, which is a product or process that provides a new way of doing something, or offers a new technical solution to a problem. Obtaining a patent requires filing a patent application with the appropriate government agency and then receiving and responding to communications from the patent office. There are two main types of patents: utility patents and design patents. Utility patents cover new and useful processes, machines, articles of manufacture, and compositions of matter, while design patents protect the ornamental or aesthetic aspects of an invention. The patent process typically involves a thorough review of the invention to ensure that it meets all legal and technical criteria, followed by the issuance of a patent if the application is approved.
11.1.3 How a Patent Is Obtained
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To obtain a patent, you have to file an application that describes the invention in a public disclosure at a national patent office. A patent grants the patent owner the right to determine how an invention is commercially made, sold, used, and distributed, which may result in financial reward for the invention.
Step 1: Get ready to apply. Contact Patents.Step 2: File your application. Filing a patent application on your own.Step 3: Application prosecution. Filing a patent application on your own.Step 4: Receive your patent. Inventors Assistance Center.Step 5: Maintain legal protection of your patent. Pay your maintenance fees.
To get a patent, you need to make sure your idea is patentable, which requires that your invention is fully developed and that no one else has already patented it, and then file an application with the United States Patent and Trademark Office (USPTO) which can be a complex process depending on patent type (utility,
Requirements for Patentability. The five primary requirements for patentability are: (1) patentable subject matter, (2) utility, (3) novelty, (4) nonobviousness, and (5) enablement.
A patent for an invention is granted by government to the inventor, giving the inventor the right to stop others, for a limited period, from making, using or selling the invention without their permission.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
Patent applications must satisfy the following three criteria: Novelty. This means that your invention must not have been made public ? not even by yourself ? before the date of the application. Inventive step. This means that your product or process must be an inventive solution.Industrial applicability.