Applying For A Patent, Know Why You Need An Expert Lawyer For It
Obtaining a patent for a unique idea or a new invention from the US Patent and Trademark Office (USPTO) is a long and daunting process
. It becomes all the more difficult if you do not appoint an expert patent lawyer to handle the case. But before you hire the services of such a professional you need to have clear idea about what tasks are accomplished by the legal expert.
The first stage of interaction between the inventor and the lawyer is all about understanding the minutest detail of the invention. The
patent attorney needs to have a clear idea about all aspects of the invention in order to understand how to go about the application process. This is why the presence of technical knowledge is of utmost importance in these professionals.
Any expert lawyer would be able to conduct a thorough search to assess whether there are any similar inventions that have already been patented. This is necessary to complete beforehand as your patent application is sure to be rejected if something similar has already been invented and patented. This would also mean a huge waste of time and money on the part of the inventor.
In case an invention quite similar to yours has already been patented, an expert lawyer could advice you about a certain aspect that you could patent. Moreover his or her advice is also required to determine what related things you need to have patent for. Getting exclusive rights on the invention isn"t always enough. In most cases you also need to apply for a patent on the procedure in which the invention was created.
Drafting the patent application is also something that the
Dallas patent lawyer specializes at. This application has a number of points to cover, such as,
"Details of the prior inventions that fall within the same category
"Details of the new invention and how it differs from the others
"Details of how the invention would be used
"Details of the "claims"
It is the "claims" that help you safeguard your invention from unauthorized imitation. This is why it is necessary that these are drafted properly.
The draft of the application is checked for any errors and omissions and if any such thing is found it is rectified immediately by the lawyer. The application is then submitted to the USPTO for approval. You can start marketing the invention after filing the application but only under the label of "patent pending". A patent may take a few months to a year or more to be approved.
In case the patent application is rejected and the details of why it happened are specified, you can ask your lawyer to rectify these and resubmit. If the examiner finds it alright he can approve it, or he may ask your lawyer to discuss the matter. You may also opt for filing a complaint that the rejection wasn"t rightfully done.
by: David Johnson
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