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How to Patent an Idea

how to patent an ideaHow to Patent an Idea – Choose between a Provisional Patent and a Non Provisional Patent Application


How to Patent an Idea – What is a Provisional Patent?

Provisional patent applications are US patent applications for a patent, meaning patent pending, which does not mature into an issued US patent (not examined by the USPTO) unless further steps are taken by the applicant within twelve (12) months of filing the provisional application. Such applications are designed to provide lower cost first patent filing by reducing the formal requirements, such as, not requiring formal drawings, claims, oath and declarations, or an information disclosure statement. However, if drafted properly (adequate technical written description and figures) the provisional application provides the inventor with an application priority date and “patent pending” status. Note a provisional application must be converted to a non-provisional application within one year of the filing date to maintain priority based on the provisional filing.  Failure to file the non-provisional could result in loss of US patent rights, including a complete bar to obtaining a patent. Provisional patent applications are NOT examined by an Examiner at the USPTO.

How to Patent an Idea – What is a Non Provisional Patent Application

A non-provisional patent application, sometimes called a “regular” patent application or just a “patent application”, is a “real” application for a patent. It will be examined, and ultimately, through the examination process can mature into a patent. It’s “term” or life ends twenty years from the earliest priority date, which may be the date it is filed or the date that an application from which it takes priority benefit is filed. (See above for the effect of a provisional priority date.) A complete non-provisional patent application contains at least a specification, all the drawing figures and at least one claim. Claims are the invention. The specification and drawings must disclose what is in the claims, but they do not comprise the invention, only the claims do. Twenty claims are paid for with the filing fee, of which three may be independent claims. (Independent claims stand alone. The remaining are dependent claims which refer to another claim and thus cannot stand alone.) There are various types of non-provisional patent applications, including the “parent” application and such “children” as divisional patent applications (occasionally the USPTO examiner requires restriction between more than one invention in the patent application; after proceeding with one selected invention, the other or others can be filed as divisionals), continuation patent applications (typically only a new set of claims to the original invention) and continuation-in-part patent applications (the original patent application plus some new matter (written description & drawings) added — this is the only way to add new matter to a patent application).

How to Patent an Idea – Which Costs Less

Many people think that a provisional patent application is less costly way to get a patent than a non-provisional patent application. However, this is not the case. Again, because the provisional expires and a non-provisional must be filed to take priority to the provisional, this two-step process is more expensive. It is true that a provisional patent application is the least expensive way to get “Patent Pending” status, but that will expire after a year unless the non-provisional is filed within that time. Further, in order to be fully enabling and not just a waste of time and money, the provisional must contain everything that a non-provisional would include except the claims. That constitutes about ninety percent of the cost of a patent. Later, the non-provisional that is filed taking priority to the provisional will cost about 2-3x times more. Thus, the provisional route is the more expensive route to obtaining a patent. Notwithstanding, as noted below, there are sometimes good reasons to file a provisional patent application and incur the additional costs.

1- when product is still in development or prototyping and you want to be patent pending

2- when you need to disclose the invention and you want to be patent pending before the disclosure

When to use a non-provisional

Pretty much any other reason than those two above will be a good reason for filing a non-provisional. Namely, if you want to get a patent you should immediately file a non-provisional patent application and get the process going.

Call for a FREE Patent consultation (678) 202-5990Email    Experienced & Affordable

CLE – Patent Prosecution: Broadest Reasonable Interpretation When Drafting Claims

The Federal Circuit has issued several decisions that clarify how the broadest reasonable interpretation (BRI) standard should be applied in patent application prosecution. The rulings underscore the importance of using the ordinary and customary meaning of claim terms consistent with the specification and drawings. Further, the court seems to stress patent disclosure (via a patent search) when determining how broad of an interpretation is reasonable. Continue reading

CLE Patent Prosecution and Defeating Abstractness: Minimizing the Risk of Sect. 101 Rejection

Patent Prosecution and Defeating Abstractness: Minimizing the Risk of Sect. 101 Rejection” scheduled for Thursday, November 10, 1:00pm-2:30pm EST.

The Supreme Court’s decision in Alice implemented a two-step test, the first of which focuses on abstractness. Since Alice, the Federal Circuit has issued decisions that provide guidance on determining whether a claim is directed to an abstract idea. The Enfish, BASCOM, DDR Holdings, Rapid Litigation and McRO rulings help bring clarity to the Alice test.

In DDR Holdings and BASCOM, the Federal Circuit discussed a problem-solution approach to finding patent eligibility, despite abstractness. In Enfish and McRO, the Court emphasized the Specification’s teachings vis-à-vis the prior art. These cases provide guidance on how to successfully navigate the post-Alice minefield of 35 U.S.C. § 101 abstractness rejections in the absence of a clear guideline on what is considered abstract.

Our panel will examine recent Federal Circuit decisions on patent eligibility for software. The panel will discuss the Court’s different approaches and offer best practices for demonstrating patent eligibility.

We will review these and other key issues:

  • How are the courts applying the framework for patent eligibility created in Alice?
  • What guidance can be gleaned from the Federal Circuit’s decisions in Enfish, BASCOM, DDR Holdings, Rapid Litigation and McRo?
  • What are best practices for patent counsel to avoid patent-eligibility issues?

After our presentations, we will engage in a live question and answer session with participants so we can answer your questions about these important issues directly.

I hope you’ll join us.

For more information or to register >

Design Patent Claim Construction: Navigating Written Description, Ornamentality, Functionality and More


By definition, design patents protect ornamental designs. The standard for determining whether a design or design feature is ornamental—and what effect that determination has—remains unsettled. Unlike utility patents, design patent applications are not published when the applicant files directly with the USPTO. Further, the application’s prosecution history is not publicly available until the application issues unless it is a divisional or continuation application. Consequently, less information is available about design patent applications until the applications issue.

Counsel must find the proper balance when claiming designs. Applicants will often use portion claiming techniques, which helps protect the innovative portions of a design while making it more difficult to “design around” the patent. However, it may also make it harder to get the patent because it is more susceptible to the prior art.

In light of recent design patent decisions, including the Federal Circuit’s decision in Sport Dimension (2016), counsel should consider filing applications with multiple embodiments or filing multiple applications for a design concept with different degrees of scope.

The panel will review these and other key questions:

  • What key considerations should counsel keep in mind in design patent drafting?
  • What steps should counsel to patent owners take to factor out functional aspects during claim construction?
  • What guidance can be drawn from recent court decisions for design patent claim construction?

Patent Attorney Cobb County

Are you looking for a Patent Attorney in Marietta?

Marietta Patent Attorney

We have detailed personal experience to guide you form the point of conception of your idea, to the most cost effective means of protecting your idea, to bringing your invention to fruition whether you are planning to manufacture and distribute yourself or whether you plan to license the intellectual property of this invention in return for a royalty. We have developed relationships with infomercial companies, retailers, large niche distributors, and web platform or ecommerce developers to assist you in getting a return on your invention investment. I am an electrical engineer, patent attorney and former general counsel for a telecom start-up here in Georgia.

BG IP Law specializes in Intellectual Property Law, including Patents, Trademarks, Copyrights, Business Contracts, Licensing, Entity Formation (LLC, S-Corp.), Internet Law and related IP Matters. B&G IP Law is a group of experienced Patent Attorneys with intellectual property, corporate & business transaction experience from Atlanta’s top law firms, in-house corporate law departments or both. Our fee arrangements are flexible whether based on standard hourly rate, flat fee, per project, or as temporary assistance to General Counsel on per day, week, or longer term commitments. Call our office for a FREE initial consultation with Patent Attorney Georgia.

Call now to for a FREE consultation with Mat Grell in Georgia.

(678) 383-4886

Balser & Grell IP Law, LLC, 3330 Cumberland Blvd, Suite 500, Atlanta, Georgia 30339 (678) 383-4886

marietta patent attorney, patent attorneys in marietta, marietta patent lawyer, patent lawyer marietta, patent attorney cobb county

Patent Law Overview- IP Boot Camp

Patent Law Overview- IP Boot Camp

Rivka D. Monheit, Pabst Patent Group LLP, has put together a terrific set of topics and speakers for this program.

Topics include:

• Copyright 101:  What you should know about Copyright Law
• Introduction to Trademark in Sports
• Patent Law Overview
• The Dirty Dozen:  The Mistakes most commonly made by Patent Attorneys and how to avoid them

Make your plans now to attend the IP Boot Camp. This section sponsored event will be Oct. 17, at the Georgia Institute of Technology, Technology Square Research Building in Atlanta. The seminar chair,

Inventor Information

Inventor Information

With every invention idea you need an Invention Process to step each idea through to test the feasability, marketability, and protectability of your invention.

How to Evaluate your New Idea Invention

Follow these simple Invention Help steps to evaluate any  idea invention:
1. Complete a Recording of your Invention Ideas (i.e., document your ideas invention in writing)

2. Evaluate and document all possible alternate embodiments, useful materials, substitute components, and means of engineering around your idea.

3. Perform a thorough Patent Search/screemeing & Evaluation the protectability of your new invention idea. Perform a patent screening using your invention keywords.

4. Perform Product Research – Search the internet and trade publications for your product terms. For example, type in “toilet air filter” if that is the descriptive terms of your product as well as any relevant combinations of this term.

5. Valuate or estimate your inventions Commercial Viability and the market size.

6. Gather detailed contact information of all inventors and assignees (companiies) listed on any relevant patent or patent application found during your patent search

7. If you feel you must diclose your ideas to a third party prior to filing a patent application then disclose under a confidentiality agreement or non disclosure agreement (NDA Agreement).

8. Find a patent attorney

9. Schedule a meeting with your patent attorney (or teleconference)

10. Make copies of all documents (ROI, PS, Mkt./RS, pictures, and prior art) and prototypes

Inventor Start Kit™ a digital download of Inventor Assistance which teaches these steps and much more.

Within this website and blog posts you will find inventor help and inventor information and printable materials for those with inventions, ideas, and other intellectual property. Please click the categories to the right, such as Invention Assistance to learn more.

Inventor Start Kit – Invention help for your new idea invention

To help protect your new idea invention we offer several downloadable invention help products that include everything you need to protect your invention ideas.

Inventor Start Kit™

Inventor Start Kit™ is a digital download invention kit of easy to follow inventor information documents including inventor information & invention help, instructions, actual inventor kit samples, and your own ready to use invention kit forms for recording your ideas invention for your own safe keeping, evaluating the protect ability and marketability of your invention ideas or logo, performing patent search & trademark searches on your ideas, and market research relating to your new invention idea.

Inventor Start Kit™

Invention Confidentiality Agreement (NDA Agreement)

To help protect your new idea invention we offer several downloadable invention help products that include everything you need to protect your invention ideas.

Invention Confidentiality Agreement (NDA Agreement)

Invention Non Disclosure Agreement (NDA form) is a digital download of easy to follow NDA agreement documents including a confidentiality agreement, invention help information & inventor help instructions regarding disclosure of your invention, an actual NDA Agreement, and your own ready to use NDA Form to protect the disclosure of your new idea invention, information, description and drawings (confidential information).

Invention Non Disclosure Agreement (NDA form)

Patent Attorney Atlanta GA

Patent Attorney Atlanta GA – Call for a FREE Consultation (678) 202-5990.

Are you looking for a Patent Attorney in Atlanta GA?
Here are some tips for finding a Patent Attorney that will fit your needs:
• Patent attorneys are subject matter specific based on their technical degree. For example electrical engineer, software, physics, biology, biochemistry, chemistry, computer science, or mechanical engineering, etc.
• Specific job experience can create subject matter expertise.
• Small law firms focusing exclusively on intellectual property often provide specialized attention and service.

• Most patent attorneys are capable of filing patents on mechanical devices and/or systems.
• Look for an entrepreneurial patent attorney (one who has his/her own inventions, issued patents or one who participated in starting a new business).
• In general you get what you pay for, avoid on-line legal service offerings.

Call now to for a FREE consultation with Patent Attorney Mat Grell in Atlanta GA.

(678) 202 -5990

Balser & Grell IP Law, LLC, Atlanta Offices:
Atlanta I-85, Buckhead, Decatur, Brookhaven, Dekalb:
2600 Century Parkway, Suite 100, Atlanta GA 30345. (678) 202-5990‎ phone (678) 373-4746 fax

Johns Creek, Duluth, Fulton County Office:  11330 Lakefield Drive, Suite 200 (Building 2), Johns Creek, GA 30097.  (678) 202-5990 phone (678) 373-4746 fax

Alpharetta, Roswell, Fulton County Office:  11175 Cicero Drive, Suite 100, Alpharetta, GA 30022.  (678) 202-5990 phone (678) 373-4746 fax

Atlanta I-75, Vinings, Smyrna Office: 3330 Cumberland Blvd., Suite 500, Atlanta GA 30339. (678) 202-5990 phone (678) 373-4746 fax

Norcross, Gwinnett: 4307 Jones Bridge, Suite 100, Norcross, Georgia 30092. (678) 373-4747 ext 100 phone (678) 373-4746 fax

Acworth, Cartersville, Rome Bartow County: 37 Creekside Court, Acworth GA 30101.  (678) 383-4886 phone (678) 373-4746 fax

Email Mat Grell

patent attorney atlanta ga, atlanta ga patent attorney, patent lawyer atlanta ga, atlanta ga patent lawyer

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