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