A U.S. patent is generally a grant of a right from the federal government to an inventor to exclude others from making, selling, using, or importing the claimed invention in the U.S. in exchange for the inventor’s disclosure of the invention to the public. The inventor’s disclosure must generally be written in a manner that allows one of ordinary skill in the art to make and use the invention based on the disclosure.
What qualifies for a patent in the U.S.?
A patentable invention may be any process, machine, manufacture, or composition of matter that is new, useful, and non-obvious over what has already been practiced.
Do I need a patent search before filing an application?
No. However, a patent search may help the patent applicant evaluate the likelihood of obtaining a patent of a desired scope before the applicant spends a substantial amount in preparing the patent application. A patent search may also reveal some potentially conflicting patent, which may pose a patent infringement liability to the applicant. You can find more detailed info on https://www.advfn.com/newspaper/advfnnews/49381/get-your-business-started-with-inventhelp too.
Although an applicant may conduct a free patent search, such as using the United States Patent and Trademark Office (USPTO) website, the applicant may find it very easy to miss a particular keyword that might bring out the relevant prior art. The applicant may also be overwhelmed with the amount of references a search query may reveal. Therefore, a professional patent search is highly recommended.
What is a provisional application?
A provisional application is usually filed to preserve an early filing date, which may become critical in determining who was first to invent the invention. It usually has the components of a regular application, except for the claims section. A regular application must be filed one year after filing the provisional application. Otherwise, the provisional application will be abandoned.
The United States Patent and Trademark Office (USPTO) does not publish or examine provisional applications. Provisional applications do not issue into patents. While many benefits can be derived from filing a provisional application, patent law imposes complex requirements for obtaining the full benefits from a provisional application. Therefore, it is important to talk to a registered patent attorney or a patent agency, such as InventHelp, regarding provisional applications.