I have been working on an invention for a while now and am ready to start the process of prototyping. I was wondering what I should be looking to do for a patent. I have already started to look at the Patent offices site. I believe I should probably be looking to hire a patent lawyer soon.
Any suggestions?
Thank you ahead of time.
Answers
Keir,
YES! I actually have 3 items currently under review for patents. Here at HP we do the following:
1. Have a group review the application / submission for the major aspects of whether it's patentable
2. Once approved it is sent to a patent lawyer. The lawyer works with you to complete the paperwork for the US Patent Office. This process will take a number of weeks.
Have you completed any drawings you need to show in your application, as well as completed any samples / prototypes? You want to have those done before you engage the lawyer so that you aren't keeping them holding as they work through your application.
If I can help you further, please do not hesitate to shoot me a note! I've been through this a couple of times, never personally, always through a corporation but the paperwork is still the same!
Rachel
Keir,
I have 30 patents and sometimes work as an expert witness in patent infringement cases.
First, you should keep careful records of the work you do on your invention. You should also know that US patent law recently changed to "first to file" instead of "first to invent." This means there is a priority on filing the application. I agree with the other responders that you will need an attorney to file your utility application, but you can file a Provisional Patent Application on your own at a cost of only $100 since you should qualify as a Micro Entity. Once you have filed the Provisional application you have 12 months to file the Utility Application. If you miss the 12 month deadline, you can not longer patent the invention, so be careful.
Victor Roberts
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