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Taylor, Attorney
Category: Intellectual Property Law
Satisfied Customers: 229
Experience:  Attorney
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How to file a patent myself, all research has been done by a

Customer Question

How to file a patent myself, all research has been done by a company but I cant afford to have them file the patent applicaton..Can I do that myself, if so, what do i need?
Submitted: 8 months ago.
Category: Intellectual Property Law
Expert:  Taylor replied 8 months ago.

Hi my name is ***** ***** i would be happy to help you with this question.

Expert:  Taylor replied 8 months ago.

what type of patent are you filing for? utility, design or plant?

Customer: replied 8 months ago.
Customer: replied 8 months ago.
I think??
Expert:  Taylor replied 8 months ago.

Ok well lets find out. The USPTO recognizes three kinds of patents. Utility patents, the most common type, refer to inventions that have a particular function. This is in contrast to design patents, which cover non-functional parts of articles, like the unique, ornamental shape or surface of an item.

Expert:  Taylor replied 8 months ago.

Do you think you are trying to get a design or utility?

Expert:  Taylor replied 8 months ago.

First, A formal application has a few required sections. In addition to drawings of the invention, you'll include the specification, which essentially teaches someone how to make or use the invention. The specification contains the following:

  • Abstract: a short, at-a-glance summary of the rest of the specification
  • Background: describes the need for your invention and problems that your invention solves
  • Summary: a short explanation of the invention
  • Detailed description: includes a description of the ideal embodiment, as well as additional embodiments of the invention and how they work
  • Conclusion, ramification and scope: briefly states the advantages of the invention and the additional embodiments again, as well as how the legal scope shouldn't be limited to forms shown

The specification should also include such things as the title of the invention, cross references to related applications, and a list of the figures in the drawings.

Expert:  Taylor replied 8 months ago.

Most importantly, your application will include claims, which are listed after the specification. Claims actually define the legal scope of your patent and describe the boundaries of your invention (should the patent be granted). In addition to independent claims, which stand alone, you can also list dependent claims, which are narrower and incorporate a previous claim. Try to be broad at first, so that you can cover the most legal ground for your invention. But you'll probably have to narrow your claims later if the examiner considers them too vague.

You should include several other things along with your application, such as payment of filing fees, a self-addressed receipt postcard, a Patent Application Declaration (PAD) form and an Information Disclosure Statement (IDS). The PAD states that you are the true inventor; in the IDS, you disclose anything else that you're aware of that's relevant to your application (such as another application that's similar to yours).

Unfortunately, the process is far from over when you file your patent, which is another reason to get professional help. An attorney will help you navigate the prosecution process as you fight to get your patent granted by the USPTO.

Expert:  Taylor replied 8 months ago.

I understand that is a lot to take in, but that is as basic and simple as i can put the process. Like i said, i highly recommend hiring an attorney even though they are expensive. They know the process very well and will make it much smoother for you, as this is a long process. Best of luck, are there any further questions i can answer for you?

Customer: replied 8 months ago.
Its both reallh. It has a particular function and the design and material used is what gives it the function.
Expert:  Taylor replied 8 months ago.

Alright, my answer above does not change. Does that answer your question?

Expert:  Taylor replied 8 months ago.

bc of how difficult and intricate your patent claims sound, i would highly suggest you get an attorney, no matter the cost. If you believe your product is worth it.

Expert:  Taylor replied 8 months ago.

Is there anything further i can answer for you at this time?

Customer: replied 8 months ago.
Not unless you have an older brother(-" jk..Thank you so much!
Expert:  Taylor replied 8 months ago.

best of luck! i would greatly appreciate a positive rating if you are satisfied with my responses! Thanks for using JA!

Expert:  Taylor replied 8 months ago.

if you are satisfied with my responses, i would greatly appreciate a positive rating! thanks for using JA and remember i am only compensated by JA after your positive review!

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