A patent invention, simple terms, is one that has been appropriately applied for and granted rights by the applicable governmental authority. In the United States, a patent invention will be one that has undergone the patent application and registration process, which is done through the United States Patent and Trademark Office. Upon making sure the invention or idea is able to be patented and all fees have been furnished, the USPTO will recognize the patent invention and enforce all applicable patent protection laws.
A patent application is a legal document that is required in order to have a patent invention legally recognized in the United States and enforces the protection of the inventor’s rights over such invention. The application to patent invention ideas is not a typical form or application per se, but rather is one that must be drafted.
Typically, a person considering patenting an invention or idea will usually require the assistance of a patent attorney or lawyer to help with the application process. Furthermore, there are various laws and regulations that can make the application process quite extensive.
The patent application will have distinct and strict requirements as to what is to be included before submitting it for registration. Aside from the required fees, the application will also contain specific information in regards to the invention, drawings or plans, and an oath to be made and notarized stating that the invention is original.
The patent application can only be filed by the inventor, though there are few exceptions. Therefore, all individuals that were involved in the creation of the invention must also be included and listed in all patent applications.
How to File to Patent Invention
In drafting the patent application, the inventor must include certain types of information. Furthermore, one must also determine what kind of patent application is to be filed, non-provisional or provisional.
The provisional patent will allow for the inventor to market the invention publically and allow for further research to be made. A provisional patent will grant patent protection rights, though the formal examination process will not begin until one year later after filing the application.
A non-provisional patent will begin the formal registration process immediately, in which the patent will be subjected to examination to conclude that the invention or idea is a unique, useful, new, and innovative one.
All patent invention applications are to be filed with the United States Patent and Trademark Office, which will use the concept of first to invent to grant patent protection rights.
Therefore, keeping detailed records and an organized and journal regarding the process of invention is strongly recommended. Such factors can prove important when having to prove that the invention was created first by a particular individual.