Elisha Baity, MGT 386, December 10, 2008
A patent is a property right to the inventor of a product that is issued by the U.S. Patent and Trademark Office (www.uspto.gov). The patent grants exclusion of others making, using, offering for sale, or selling an invention in the U.S. or importing the invention into the U.S. (www.uspto.gov). To obtain a patent, an application needs to be filed with the U.S. Patent and Trademark Office (www.uspto.gov).
There are twelve major steps in filing a U.S. Patent application. The steps are as follows (Prashker, 2006):
1. Inventor needs to prepare and submit a written disclosure to company managers of the idea or innovation for review and summary evaluation.
2. Company managers need to review the written disclosure for potential commercial worth and value.
3. Patent counsel prepares a summary evaluation of the written disclosure, identifying technical working essentials and to make sure the essentials meet patent merit requirements.
4. Review the summary evaluation and decide patent protection actually needs to be sought
5. Hold a meeting of the inventor/creator(s), patent counsel, and company managers to determine the scope of the idea in commercial and non-commercial terms. Also, at this meeting, there needs to be details of the inventorship, operation limits and optimal use range.
6. Inventor/creator needs to prepare and submit a full written description of the invention, giving sufficient detail, relevant drawings, useful background information, a list of advantages and a list of unexpected benefits.
7. Patent counsel needs to prepare and distribute the first draft of the patent application to the inventor/creator and company managers.
8. The inventor/creator need to review the first draft patent application text and return the revision to the patent counsel
9. Patent counsel needs to comment and make changes on the revised patent application.
10. After the patent counsel has made comments and additional changes and the final draft has been approved, the manuscript is ready to be sent (with formal supporting documentation and requisite fees) to the U.S. Patent Office.
11. The supporting documents are completed by the patent counsel.
12. Final approved application (approved by patent counsel), supporting documents and fees are sent to the U.S. Patent Office. A serial number is issued along with a filing date for patent purposes.
The patent process is somewhat intensive. Therefore, it is important to do a patent search before embarking in the timely and costly process. It is important to make sure no one else has already patented the idea (www.patensearchexpress.com/patent_search.html). Also, a patent search will prevent lawsuits from violating another person’s patent. One can also read similar patents to their product to find ways to improve the design. Also, a patent search helps reduce the risk of another inventor invalidating the product (during the process, the similar patents should be checked to see what they cover). Lastly, a strong patent search will help determine if the idea can be patented and licensed.
www.patensearchexpress.com/patent_search.html. Retrieved December 10, 2008.
Prashker, David (2006). Twelve Steps To Filing A U.S. Patent Application. Ezine Articles. Retrieved December 10, 2008, from www.ezinearticles.com.
www.uspto.gov. Retrieved December 10, 2008.
Showing posts with label intellectual property. Show all posts
Showing posts with label intellectual property. Show all posts
Thursday, December 11, 2008
Protecting a trademark. How do you protect your trademarks and servicemarks? How do you file with the government?
Elisha Baity, MGT 386, December 10, 2008
A trademark is a word, name, symbol, device, or combination thereof used for a good for identification purposes (www.sec.state.ri.us/corps/trademark/trademark-q.doc). A servicemark is a word, name, symbol or device used for a service for identification purposes (Moore, 2008). A trademark or servicemark should be established at the earliest date of initial use of the good or service (www.amerilawyer.com). Reasons to obtain a trademark or servicemark include the following (www.amerilawyer.com):
* The name of a product can become a valuable asset to a company
* Registration of a trademark or servicemark helps in keeping others from adopting your product or design
* Failure to register a trademark or servicemark can mean no protection or limited protection in a local geographic region
* Registration allows for use of the Federal trademark symbol ®
* Promotion and advertisement of the product can be done with extra assurance
* Injunctions and statutory damages can be allotted if a copycat situation occurs
Requirements to file include filing under the owner’s name, specifying the type of business entitiy, describing the use of the product or advertising of the product on an actual use application, a statement of good faith in an intent-to-use application, and a visual of the product (www.amerilawyer.com). When registering a product or service, the owner must choose a category that is best representative (www.sec.state.ri.us/corps/trademark/trademark-q.doc). If the product or service falls into more than one category, an application needs to be filed for each one (www.sec.state.ri.us/corps/trademark/trademark-q.doc). The registration process for a trademark or servicemark is a six-month to eight-month process (www.amerilawyer.com). Once the registration process has begun, the owner may us the trademark symbol, ™, until the process is complete. After completion, the owner may use the Federal trademark symbol ®.
Failure to register a product or service can cause a company to lose out on substantial benefits. The benefits include nationwide protection, presumption of validity in infringement litigation, and permission to use the ® symbol (www.amerilawyer.com).
References
Moore, Shannon (2008). Trademark vs. Servicemark. Ezine Articles. Retrieved December 10, 2008, from www.ezinearticles.com
www.sec.state.ri.us/corps/trademark/trademark-q.doc. Retrieved December 10, 2008.
www.amerilawyer.com. Retrieved December 10, 2008
A trademark is a word, name, symbol, device, or combination thereof used for a good for identification purposes (www.sec.state.ri.us/corps/trademark/trademark-q.doc). A servicemark is a word, name, symbol or device used for a service for identification purposes (Moore, 2008). A trademark or servicemark should be established at the earliest date of initial use of the good or service (www.amerilawyer.com). Reasons to obtain a trademark or servicemark include the following (www.amerilawyer.com):
* The name of a product can become a valuable asset to a company
* Registration of a trademark or servicemark helps in keeping others from adopting your product or design
* Failure to register a trademark or servicemark can mean no protection or limited protection in a local geographic region
* Registration allows for use of the Federal trademark symbol ®
* Promotion and advertisement of the product can be done with extra assurance
* Injunctions and statutory damages can be allotted if a copycat situation occurs
Requirements to file include filing under the owner’s name, specifying the type of business entitiy, describing the use of the product or advertising of the product on an actual use application, a statement of good faith in an intent-to-use application, and a visual of the product (www.amerilawyer.com). When registering a product or service, the owner must choose a category that is best representative (www.sec.state.ri.us/corps/trademark/trademark-q.doc). If the product or service falls into more than one category, an application needs to be filed for each one (www.sec.state.ri.us/corps/trademark/trademark-q.doc). The registration process for a trademark or servicemark is a six-month to eight-month process (www.amerilawyer.com). Once the registration process has begun, the owner may us the trademark symbol, ™, until the process is complete. After completion, the owner may use the Federal trademark symbol ®.
Failure to register a product or service can cause a company to lose out on substantial benefits. The benefits include nationwide protection, presumption of validity in infringement litigation, and permission to use the ® symbol (www.amerilawyer.com).
References
Moore, Shannon (2008). Trademark vs. Servicemark. Ezine Articles. Retrieved December 10, 2008, from www.ezinearticles.com
www.sec.state.ri.us/corps/trademark/trademark-q.doc. Retrieved December 10, 2008.
www.amerilawyer.com. Retrieved December 10, 2008
Tuesday, December 9, 2008
Protecting Trademarks
Chris Jackson, MGT 386, December 5, 2008
As many advisors and lawyers will tell you, registering a trademark or obtaining service rights is the best way to protect the rights to any product or service. According to Wikipedia, “The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities” (Wikipedia, http://en.wikipedia.org/wiki/Trademark). In fact, they have also shown to add more value to that particular product or service because they are one of the most important assets to that company. This was best stated in a trademark article by Jane Tucker when she said, “Just as you would protect your other assets from harm, you should also do what is necessary to ensure protection of your trademark or service mark from a competitor who may attempt to sell different goods or services under an identical or confusingly similar name” (Protecting Your Trademark and/or Service Mark Rights, http://www.vanblk.com/Resources/Legal_Articles_Cases/ProtectingYourTrademarkandorServiceMarkRights.asp). It is also to your advantage to go through this process for security reasons as stated above.
Upon further research, I uncovered information on the United States Patent and Trademark Office Website, which stated that there are detailed instructions to follow that can easily lead you to your own registration of a trademark or service mark. In this process of filing with the government, the first step is to identify which type of intellectual property is best for you, which in this case is a trademark. According to the USPTO, “The next step is to search our database, before filing your application, to determine whether anyone is already claiming trademark rights in a particular mark” (United States Patent and Trademark Office, http://www.uspto.gov/web/trademarks/workflow/start.htm). It also states that after you have chosen your mark and conducted a trademark search, you will need to draft a description of goods and/or services. A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used. This identification of goods or services must be specific enough to identify the nature of the good or services.
In my research I have found that not only can you register through the United States Patent Office, but you can also register through the Alabama Secretary of State on their website if you wanted to register more of a smaller business type company under a trademark. This process would certify that you would maintain this trademark for ten years until you renew it (Alabama Secretary of State, http://www.sos.state.al.us/BusinessServices/Trademarks.aspx). Rights of ownership of a particular mark are derived from the Common Law of Alabama which states that once you adopt and use a mark, and are documented as the first to use this mark, that you will then have exclusive rights to use that mark.
Protection of trademarks is a serious issue when it comes to protecting a business or product, that is has sometimes landed individuals in the court room with issues that result in severe repercussions. One thing that everyone should do once they decide to apply for a trademark is obtain legal assistance, so that you will have some aide through the process and do not overlook any minor details that could have serious consequences for negligence.
As many advisors and lawyers will tell you, registering a trademark or obtaining service rights is the best way to protect the rights to any product or service. According to Wikipedia, “The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities” (Wikipedia, http://en.wikipedia.org/wiki/Trademark). In fact, they have also shown to add more value to that particular product or service because they are one of the most important assets to that company. This was best stated in a trademark article by Jane Tucker when she said, “Just as you would protect your other assets from harm, you should also do what is necessary to ensure protection of your trademark or service mark from a competitor who may attempt to sell different goods or services under an identical or confusingly similar name” (Protecting Your Trademark and/or Service Mark Rights, http://www.vanblk.com/Resources/Legal_Articles_Cases/ProtectingYourTrademarkandorServiceMarkRights.asp). It is also to your advantage to go through this process for security reasons as stated above.
Upon further research, I uncovered information on the United States Patent and Trademark Office Website, which stated that there are detailed instructions to follow that can easily lead you to your own registration of a trademark or service mark. In this process of filing with the government, the first step is to identify which type of intellectual property is best for you, which in this case is a trademark. According to the USPTO, “The next step is to search our database, before filing your application, to determine whether anyone is already claiming trademark rights in a particular mark” (United States Patent and Trademark Office, http://www.uspto.gov/web/trademarks/workflow/start.htm). It also states that after you have chosen your mark and conducted a trademark search, you will need to draft a description of goods and/or services. A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used. This identification of goods or services must be specific enough to identify the nature of the good or services.
In my research I have found that not only can you register through the United States Patent Office, but you can also register through the Alabama Secretary of State on their website if you wanted to register more of a smaller business type company under a trademark. This process would certify that you would maintain this trademark for ten years until you renew it (Alabama Secretary of State, http://www.sos.state.al.us/BusinessServices/Trademarks.aspx). Rights of ownership of a particular mark are derived from the Common Law of Alabama which states that once you adopt and use a mark, and are documented as the first to use this mark, that you will then have exclusive rights to use that mark.
Protection of trademarks is a serious issue when it comes to protecting a business or product, that is has sometimes landed individuals in the court room with issues that result in severe repercussions. One thing that everyone should do once they decide to apply for a trademark is obtain legal assistance, so that you will have some aide through the process and do not overlook any minor details that could have serious consequences for negligence.
Protecting Trademarks and Service Marks
Destin Rice, MGT 386, November 23, 2008
Because of the high level of competition in the business world, many companies and organizations choose to protect their products and services with trademarks and service marks. Trademarks include “any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods” (UPTO, 2008). “The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products” (Cornell). In order for a business to protect its trademarks and service marks, the business must comply with several requirements and follow a certain process.
Protecting trademarks and service marks does not require that the trademarks and service marks be federally registered. However, if a company chooses to federally register its trademarks and service marks it may reap a magnitude of benefits. Examples of benefits include a “constructive notice nationwide of the trademark and service mark owner’s claim; evidence of ownership; jurisdiction of federal courts may be invoked; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods” (USPTO, 2008).
A company may register its trademarks and service marks by “accessing forms through the Trademark Electronic Application System (TEAS)” (USPTO, 2008). TEAS can assist a business in filing an “application for registration of a mark, response to examining attorney’s office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C 1058, and an affidavit of incontestability under 15 U.S.C. 1065” (USPTO, 2008). One may find assistance by visiting USPTO’s Web site or by searching additional Web sites for trademark and service mark information.
Several requirements exist in order to obtain a filing date. A company of person must include the “name of the applicant, a name and address to which the USPTO should send correspondence, a clear drawing of the mark, a listing of the goods or services, and the filing fee for at least one class of goods or services” (International, 2008). Information concerning fees may be found on the USPTO Web site.
While the process of registering each mark may be time consuming and require a company or organization to participate in additional paperwork, the benefits of a registered trademark may be seen in a timely manner on the company’s balance sheet. Trademarks and service marks give companies and corporations a competitive advantage that may make a difference in the success of the business.
Works Cited
Cornell University Law School. Trademark Law: An Overview. Retrieved November 25, 2008,from http://topics.law.cornell.edu/wex/Trademark
International Trademark Association (2008). Filing a Trademark Application in the United States. Retrieved November 25, 2008, from http://www.inta.org/index.php?option=com_content&task=view&id=182&Itemid=59&getcontent=1
United States Patent and Trademark Office, (2008). Retrieved November 25, 2008, from
http://www.uspto.gov/main/trademarks.htm
Because of the high level of competition in the business world, many companies and organizations choose to protect their products and services with trademarks and service marks. Trademarks include “any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods” (UPTO, 2008). “The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products” (Cornell). In order for a business to protect its trademarks and service marks, the business must comply with several requirements and follow a certain process.
Protecting trademarks and service marks does not require that the trademarks and service marks be federally registered. However, if a company chooses to federally register its trademarks and service marks it may reap a magnitude of benefits. Examples of benefits include a “constructive notice nationwide of the trademark and service mark owner’s claim; evidence of ownership; jurisdiction of federal courts may be invoked; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods” (USPTO, 2008).
A company may register its trademarks and service marks by “accessing forms through the Trademark Electronic Application System (TEAS)” (USPTO, 2008). TEAS can assist a business in filing an “application for registration of a mark, response to examining attorney’s office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C 1058, and an affidavit of incontestability under 15 U.S.C. 1065” (USPTO, 2008). One may find assistance by visiting USPTO’s Web site or by searching additional Web sites for trademark and service mark information.
Several requirements exist in order to obtain a filing date. A company of person must include the “name of the applicant, a name and address to which the USPTO should send correspondence, a clear drawing of the mark, a listing of the goods or services, and the filing fee for at least one class of goods or services” (International, 2008). Information concerning fees may be found on the USPTO Web site.
While the process of registering each mark may be time consuming and require a company or organization to participate in additional paperwork, the benefits of a registered trademark may be seen in a timely manner on the company’s balance sheet. Trademarks and service marks give companies and corporations a competitive advantage that may make a difference in the success of the business.
Works Cited
Cornell University Law School. Trademark Law: An Overview. Retrieved November 25, 2008,from http://topics.law.cornell.edu/wex/Trademark
International Trademark Association (2008). Filing a Trademark Application in the United States. Retrieved November 25, 2008, from http://www.inta.org/index.php?option=com_content&task=view&id=182&Itemid=59&getcontent=1
United States Patent and Trademark Office, (2008). Retrieved November 25, 2008, from
http://www.uspto.gov/main/trademarks.htm
Filing for a patent
Destin Rice, MGT 386, November 23, 2008
If a company depends strictly on the products it sells and/or the services it delivers, the company should consider protecting the physical and intellectual products from potentially falling into the hands of competitors. In order to prevent this occurrence, “The Patent and Trademark Office, which falls under the umbrella of the Department of Commerce, is designed to promote businesses by giving inventors the right to their discoveries” (Holmes, 2003).
Filing for a patent under The Patent and Trademark Office will ensure that competitors don’t use the technology unless they buy the right to use it from [the company]” (Holmes, 2003). The process of filing for a patent includes a process of several steps. First, one must file a Utility Patent Application. “Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof” (United States, 2008). Other patent classifications include design patents and plant patents, which include applications apart.
A Nonprovisional Utility Patent Application requires that all information be in English on the standard size 8 1/2 x 11inch paper. There must be a left margin of at least 1 inch. “A Nonprovisional Utility Patent application must include a specification, including a claim or claims; drawing, when necessary; an oath or Declaration; and the prescribed filing, search, and examination fees” (United States, 2008).
A transmittal form or transmittal letter that instructs the USPTO as to what actual types of papers are being filed must accompany the completed application. This letter names the applicant, the type of application, the title of the invention, the contents of the application, and any accompanying enclosures” (United States, 2008). A Fee form, application data sheet, and specification sheet should also be included. It is important to note that the title of the invention should appear as the heading on the first page of the specification letter.
Included in the form sheets, data tables, and specification outlines should be cross-references, statements regarding federal sponsorship, a summary of the invention, several different views of the invention, drawings, graphic forms, alternative positions, and legends and symbols.
In order to ensure that you are not infringing upon someone else’s patent, one may consider exploring information on actual patents online. Information on actual patents as well as applications that have recently been filed may be found online. This search is recommended in order to make sure no other company has beaten you to the process and to ensure that your company is a step ahead of the competitor. Each Tuesday, new patents are published by USPTO and may be seen on a variety of web sites. An average of 3500 patents are published every week, all of which have “gone through a strict regime of patent prosecution, and are found to satisfy all patenting conditions” (Free Patents, 2008).
Although it may be intimidating and prove to be a long and tedious process, obtaining a patent is beneficial to companies. The inquiry of the patent may inevitably help the company surpass its competition and bring in additional revenue for longer periods of time.
Citations
Free Patents Online (2004-2008). Retrieved Nov. 21, 2008 from
http://www.freepatentsonline.com/uspatents.html
Holmes, Tamara E. (2003). U.S. Patent and Trademark Office: Protecting Your
Business/Es Property. Retrieved on November 21, 2008 from
http://www.nfib.com/object/3783321.html
United States Patent and Trademark Office (2008). Retrieved November 21, 2008 from
http://www.uspto.gov/main/patents.htm
If a company depends strictly on the products it sells and/or the services it delivers, the company should consider protecting the physical and intellectual products from potentially falling into the hands of competitors. In order to prevent this occurrence, “The Patent and Trademark Office, which falls under the umbrella of the Department of Commerce, is designed to promote businesses by giving inventors the right to their discoveries” (Holmes, 2003).
Filing for a patent under The Patent and Trademark Office will ensure that competitors don’t use the technology unless they buy the right to use it from [the company]” (Holmes, 2003). The process of filing for a patent includes a process of several steps. First, one must file a Utility Patent Application. “Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof” (United States, 2008). Other patent classifications include design patents and plant patents, which include applications apart.
A Nonprovisional Utility Patent Application requires that all information be in English on the standard size 8 1/2 x 11inch paper. There must be a left margin of at least 1 inch. “A Nonprovisional Utility Patent application must include a specification, including a claim or claims; drawing, when necessary; an oath or Declaration; and the prescribed filing, search, and examination fees” (United States, 2008).
A transmittal form or transmittal letter that instructs the USPTO as to what actual types of papers are being filed must accompany the completed application. This letter names the applicant, the type of application, the title of the invention, the contents of the application, and any accompanying enclosures” (United States, 2008). A Fee form, application data sheet, and specification sheet should also be included. It is important to note that the title of the invention should appear as the heading on the first page of the specification letter.
Included in the form sheets, data tables, and specification outlines should be cross-references, statements regarding federal sponsorship, a summary of the invention, several different views of the invention, drawings, graphic forms, alternative positions, and legends and symbols.
In order to ensure that you are not infringing upon someone else’s patent, one may consider exploring information on actual patents online. Information on actual patents as well as applications that have recently been filed may be found online. This search is recommended in order to make sure no other company has beaten you to the process and to ensure that your company is a step ahead of the competitor. Each Tuesday, new patents are published by USPTO and may be seen on a variety of web sites. An average of 3500 patents are published every week, all of which have “gone through a strict regime of patent prosecution, and are found to satisfy all patenting conditions” (Free Patents, 2008).
Although it may be intimidating and prove to be a long and tedious process, obtaining a patent is beneficial to companies. The inquiry of the patent may inevitably help the company surpass its competition and bring in additional revenue for longer periods of time.
Citations
Free Patents Online (2004-2008). Retrieved Nov. 21, 2008 from
http://www.freepatentsonline.com/uspatents.html
Holmes, Tamara E. (2003). U.S. Patent and Trademark Office: Protecting Your
Business/Es Property. Retrieved on November 21, 2008 from
http://www.nfib.com/object/3783321.html
United States Patent and Trademark Office (2008). Retrieved November 21, 2008 from
http://www.uspto.gov/main/patents.htm
Steps to File for a Patent
-Steps to file for a patent-
By Melanie Brown, MGT 386, 12/5/2008
1. You must have a title for an invention
2. An attorney docket number is not required but may help when searching for the patent application
3. First name of the inventor.
4. There is an option for a middle name but it is not required.
5. Last name must be provided
- Each inventor must be named, using the steps listed above, but the first name will be the first named inventor.
6. A correspondence address must be provide if the eFiler does not have a customer number
-customer numbers will be provided by the USPTO and are used to simplify the submission of an address change, to appoint a practitioner, or to designate the fee address for a patent.
7. List the files that need to be submitted. Files that are submitted must be in .pdf, .txt, or .zip format.
-you must select the option yes or no if your .pdf file has multiple documents.
8. Use the category box to describe the document overall.
9. The document description box is provided to describe all the form and documents that are received and processed in the USPTO. The descriptions should have corresponding document code which are established and managed in IFW.
10. You are given the option to review your files and attach more files if needed.
11. Select your current business is a large entity or small entity.
12. Select if you are changing your business size from a large entity or small entity, or visa versa.
13. Select all patent application filing fees that apply to you.
14. Select all claims that apply to your application as well.
15. Select your petition filing fee that apply to your application.
16. Confirm and submit your application.
17. Pay fees
18. Confirm the method of payment you have chosen.
19. Save and/or print out receipt.
http://www.uspto.gov/ebc/portal/sandbox/efs0-3-0.htm
I believe that a patent search is necessary. You have to be extremely detailed when filing for your patent. You also need to know if someone else has already had any of the same idea as you. Also being more detailed keeps other people from using your ideas. The more detailed you can be the better off you will be.
By Melanie Brown, MGT 386, 12/5/2008
1. You must have a title for an invention
2. An attorney docket number is not required but may help when searching for the patent application
3. First name of the inventor.
4. There is an option for a middle name but it is not required.
5. Last name must be provided
- Each inventor must be named, using the steps listed above, but the first name will be the first named inventor.
6. A correspondence address must be provide if the eFiler does not have a customer number
-customer numbers will be provided by the USPTO and are used to simplify the submission of an address change, to appoint a practitioner, or to designate the fee address for a patent.
7. List the files that need to be submitted. Files that are submitted must be in .pdf, .txt, or .zip format.
-you must select the option yes or no if your .pdf file has multiple documents.
8. Use the category box to describe the document overall.
9. The document description box is provided to describe all the form and documents that are received and processed in the USPTO. The descriptions should have corresponding document code which are established and managed in IFW.
10. You are given the option to review your files and attach more files if needed.
11. Select your current business is a large entity or small entity.
12. Select if you are changing your business size from a large entity or small entity, or visa versa.
13. Select all patent application filing fees that apply to you.
14. Select all claims that apply to your application as well.
15. Select your petition filing fee that apply to your application.
16. Confirm and submit your application.
17. Pay fees
18. Confirm the method of payment you have chosen.
19. Save and/or print out receipt.
http://www.uspto.gov/ebc/portal/sandbox/efs0-3-0.htm
I believe that a patent search is necessary. You have to be extremely detailed when filing for your patent. You also need to know if someone else has already had any of the same idea as you. Also being more detailed keeps other people from using your ideas. The more detailed you can be the better off you will be.
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