Are you looking to 특허등록 your idea, product, or process? You cannot patent a concept or idea. You have to be able to put it into practice, and unfortunately, that means you'll have to take out a patent. Fortunately, the process of obtaining a U.S. patent is quite simple and straightforward. In this post, we will discuss how to properly file a patent application in accordance with the U.S. patent system.
Get A Patent In Your Preferred Field
It's imperative to select a field that you're familiar with and that you think you could actually develop a product or service in. Familiarity with the field not only makes it easier to understand the technology behind the process, but it also makes finding expert help much easier when you run into trouble. For example, if you are trying to patent something in the fields of genetic engineering or pharmaceuticals and have no idea what these terms actually mean, then it might be a good idea to look for help from an expert in that field.
Find The Best Expert Patent Attorney
Once you've decided on a field, the next step is to find a good patent attorney who is familiar with the field. The best patent attorneys are not only competent, but they are also someone with whom you feel comfortable having a personal relationship. A good personal relationship with your attorney is important, as it can help you avoid potentially costly errors. If your attorney is not familiar with business or industrial processes, he might miss something important that could end up costing you a lot of money. So it is important to find someone who has at least a basic knowledge of your field. Ideally, your attorney should be a member of either the American Bar Association or the Intellectual Property Bar Association.
Now that you've found a good patent attorney, the job isn't done. You still need to meet with the attorney at least once every three months to go over the status of your case and to ask any questions you might have. If you feel like you're not getting the proper service, then it might be time to look for another attorney.
Take Your Time
You've started your patent search and identified a few competent attorneys. You've even met with the ones you thought were best suited for your case. But now that you're faced with the decision of hiring someone, you need to take your time. It would be best to give it at least a few weeks before you make your decision. This will help you get a feel for the person you're going to hire and will make sure you're making the right decision for your needs.
File The Application Correctly
Once you've decided to hire an attorney, the next step is to make sure you file the application correctly. You've gone through the patent attorney's website and read reviews. You've even spoken with some of his former clients. All of this information should lead you to a fairly clear picture of what the patent attorney's strengths and weaknesses are, as well as his availability. But just to be sure, you might want to write down a few questions you have about the process and ask them during your initial consultation with the attorney. This will help you get a better feel for whether or not you're comfortable with the attorney you've chosen.
Choose The Right Place For The Patent
You've decided you've found the perfect patent attorney, but now you need to choose the right place for the patent to be filed. When it comes to patents, the U.S. Patent and Trademark Office (USPTO) is generally the best place to file. This is because the USPTO has a lot of resources that can help you with your case and because there are so many offices all over the country, you're sure to find someone nearby who can help you out if you have any problems.
On the other hand, if you are only protecting a patent in a few states, then the Patent and Trademark Office in your state may be a better option. This depends on a few things, but mostly on how much you're willing to pay. If you're not sure which option is the best for you, then it might be a good idea to talk to a patent attorney who is experienced in both federal and state filing.
Prepare A Summons And Complaint
If the patent attorney you've chosen is located in the federal district where you live, then you can skip this step. But if he is located elsewhere, then you need to prepare a summons and a complaint. A summons is a court order that will notify the Defendant that they've been sued and that they need to respond within a certain time. The complaint is a formal written document that contains the legal basis for your case. In other words, it contains the facts that you will use to prove that the Defendant has violated your patent.
You can find a good sample complaint here, and it is well-written and easy to understand. Just make sure that you have the documents that the complaint references and that these documents are available in court when the complaint is filed. If there is any question as to who the defendant is, then you should ask the patent attorney for help. He will be able to give you advice on how to properly identify the defendant.
Search The Legal System
After you've filed the summons and complaint, you need to start researching the legal system of the United States. This is going to be very helpful, because no matter where the violation of your patent occurs, the legal system in place is generally the same. For example, in the United States, you have the Federal Court System and the State Court System. But the rules and procedures are pretty much the same. Once you've familiarized yourself with these rules and procedures, it will be much easier to get your case to trial. The more you know, the less you'll have to learn. So take your time in research and learn as little as possible.
Sign The Patent Application
Once you're ready to file your patent application, you need to sign it. This is an important step, because it's the U.S. Patent and Trademark Office's (USPTO) way of acknowledging that you, the inventor(s), are claiming ownership of the patent you just filed. You're essentially declaring that you, the inventor(s), are the ones who will face any legal action that might arise as a result of your patent application. So take a few minutes to make sure your signature looks good and then file the application.
Check-in With The USPTO
Once you've filed the application and paid the required filing fee, it's time to check-in with the U.S. Patent and Trademark Office. You can do this by logging into your account with the USPTO and checking the Status of Your Application. From here, you can find out the status of your application, the estimated date your patent will be issued, and if there have been any significant delays in the process. You can also contact the office directly by phone or email if you have further questions or need to update your information.
This step is very important, because it's the USPTO's way of ensuring that everything is handled correctly and on time. They will check your application every step of the way and make sure that it is properly filed and that they receive payment of the required filing fee. If they feel that you've not followed proper protocol, then they can revoke your patent and you'll have to start over again. So it's in your best interest to handle this step carefully.
As you can see, getting a U.S. patent is not that hard. In fact, with a little planning and research, it's not that difficult to find a competent patent attorney who can walk you through the process, step-by-step. Just make sure you do your research before making any decisions and be careful not to rush into anything. You're going to need plenty of time for this, because you cannot rush the USPTO.