The best way to file a patent application is to be well prepared for your meeting
with a patent attorney or agent who will prepare and file the patent
application. Here are the steps that a savvy inventor takes prior to meeting
with their patent attorney or agent:
1.Pull together a list of names, residence
addresses and citizenships for everyone who contributed to the technology being
protected. If you are incorporated, or other business entity filing your first
application, gather the legal company name, state of incorporation and official
address.
2.Pull together a list of any disclosures of the
invention made to others. These can include offers to sell, license or
commercialize the invention, papers that you and/or your colleagues published,
web site or social media postings, and so forth. This will enable your patent attorney or agent to determine a date by which
he/she must file your patent application.
3.Prepare a description of your invention,
including a breakdown of the device or code module into functional pieces.
Describe each piece and how it relates to the whole. This will enable your
patent attorney or agent to prepare a specification portion of your patent
application. The legal standard provided under the US patent law is that the
specification must be complete enough to enable a person skilled in the
relevant art, but not familiar with your invention, to build a working unit.
So, the more detail you include, the better the final product will be and the
quicker the turn around time by your patent attorney or agent, saving them time
and you money.
4.Supplement the description above with figures.
Flow charts, block diagrams, system diagrams, data flow diagrams, and so forth
are all welcome. Hand drawn will work, but drawing files made using a CAD
program, Microsoft Visio, Corel Draw or other drawing program usually can be
used by the attorney or agent, saving them time of re-drawing the figures with
one of these programs, which will save you money.
5.Make a list of at least three features or
elements that your invention has or is able to do that are not provided by any
known competitors. Also, include an advantage for each feature or element. This
will enable your patent attorney or agent to prepare a claim set for your
patent application. Good claims include enough detail about features and
elements not found elsewhere to pass examination at the patent office.
6.You don’t need to search competitors’ systems,
but to the extent you know of them, make a list of these as well. If there are
published papers, articles, etc. in the technology area that describe
approaches taken prior to your invention, bring these as well. This will enable
your patent attorney or agent to prepare an Information Disclosure Statement
for your patent application, which will satisfy his and your duty to disclose
any known information relevant to patentability to the patent office.
Now you are ready to meet with your patent
attorney or agent. Bring items 1 - 6 above with you to the meeting. Schedule at
least an hour and perhaps as much as two to go over the details with the patent
attorney or agent. At the end of the meeting you and the patent attorney or
agent should be able to arrive at an agreed protection strategy, a prototype
claim, an estimated budget for the project and an anticipated date for
completion.
Source: Quora
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