What are the Eligibility Requirements in Filing a Patent?

About 49 percent of patents are rejected by the United States Patent and Trademark Office (USPTO) each year. Common reasons that contribute to the rejection of patents include document errors, a misstep in establishing novelty, and failure to follow eligibility requirements.

In general, USPTO’s patent application process has five benchmarks with regards to patent eligibility. The organization characterizes an invention as patentable when its useful, innovative, utility, non-obvious, and has not disclosed it to the general public.

Unfortunately, there have been several circumstances that investors ripped off inventors of their ideas and bailed during negotiations. A case in point is popular American clothing corporation Sears which was fined with a $6 million penalty after using an idea they had sold beforehand.

Protect your idea and hire an experienced patent lawyer who will help you navigate the complex patent application process. They will ensure that you get the best representation possible.

Generally, patent attorneys are skilled legal practitioners. They will not only help you file patents but also develop a strategy that will protect your invention in the long run.

Plus, patent attorneys also asseverate that no details of the invention are omitted and all forms are filled out completely to increase the chances of getting approval.

Moreover, attorneys also provide their patentability opinion, wherein they assess your invention based on specific factors to know the likelihood of receiving a patent.

What is a Patentability Search?

Patent lawyers perform a patentability search to ensure that your invention is unique and has not been developed by someone else. More often than not, the search lets you contrast with modern patented and non-patented ideas.

Checking these ideas and previous patent proposals is essential in helping lawyers draft all-encyclopedic protection without copying current patents. It’s interesting to note that a patentability search will provide even more to your design and will likely draw more investors.

Initially, lawyers begin the patentability search by scanning through online search engines and USPTO database using an extensive amount of keywords. Keep in mind that a wide range of patents uses murky and vague language that might be tough to spot on the initial try.

When Does It Make Sense to Hire Patent Attorneys?

While writing and submitting a provisional or non-provisional, a patent can be completed by someone with no legal experience. Hiring a patent attorney will see to it that the rules, case law, and statutes of the USPTO are satisfied.

For best results, hire patent attorneys when filing a patent to assure that enough disclosure of the invention is provided to a USPTO examiner. Also, attorneys ensure that you are disclosing ideas that are mainly not related to the existing provisional application.

How Much Does a Patent Lawyer Cost?

On average, a patent lawyer can cost you around $350 to $500 per hour depending on variables like experience and firm reputation.

Always avoid hiring lawyers with less experience, no resources, weak strategies, and poor connections. Write your patent draft and let a lawyer review it if you want to save money.

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