Applying For a Patent

Applying For a Patent

There is no such thing as getting an automatic patent as some people may think simply by creating or using an invention. All inventors must fill out a patent application and pay the fee through the United States Patent and Trademark Office (PTO).

In the interest of getting a filing date in quicker to “claim” your invention, you can fill out a Provincial Patent Application (PPA). A Provincial Patent Application is quicker to fill out and gets you an earlier filing date with your invention, but in order for the date to keep it’s validity you must submit a formal patent application within one year of the date of the Preliminary Patent Application. You can always rely on experts such as InventHelp to help you out in this step.

In a formal patent application, you must clearly show three things about your invention:

  • The patent application must show how to teach and use the basic invention.
  • The application must explain why this invention is different from other similar inventions.
  • The patent application must show clearly what parts of the invention that the patent is targeting.

Applying For a Patent

Conflicting Patent Applications

From time to time a patent examiner will find two patent applications that are for the same invention, and it could be that two separate parties came up with the same idea around the same time.

In this case their will be a type of hearing to decide which patent application rightly deserves the patent. Both parties often will be contacted to talk about the invention, but it is not always just the first one who filed the patent application that will be awarded the patent. Other things are taken into account, such as documentation of the first to conceive the invention, who has been working on it most diligently, who actually built and testing the invention, and of course when a provisional and/or regular patent application was first filed.

Due to this, an inventor cannot simply file a patent application and then sit on it excluding others from building the invention. If they are not actively involved in moving the invention forward they may not be awarded the patent, even if they did file their application first. It is all very well explained in the post onĀ