A 188 Claim, is a claim (application) for the patent rights for your invention. It is the filing of the necessary documentation of your invention to apply for a patent.
When I was studying for the USPTO Patent Registration Exam, I was fascinated by the fact that our Constitution was the source of the law that gives us the right to claim a patent. The ‘188 Claim’, is my shorthand version of a reference to a single sentence that is at Article I, Section 8, Clause 8 of the United States Constitution. That sentence reads, “To promote the Progress of Science and useful arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
While this special sentence also speaks to copyrights, because I was focused on getting my registration as a patent agent, I always treated my shorthand ‘188 Claim’ as a patent thing. It does not seem inaccurate to use the 188 Claim idea for copyrights, but to me it has always been about claiming your right to a patent.
Your right to a patent (if allowed) is your right to control the making, using, and selling of your invention. To me, this is a powerful thing, and thus it deserved a simple easy to remember shorthand. Since the more formal version of shorthand for the reference to that special sentence in the Constitution is I.8.8., and 188 is so much faster and easier to write, my shorthand note for filing a patent application became the ‘188 Claim’.
Thus, the 188 Claim was born.
Time needed: 14 days.
How to Apply for a Patent
- Check for Prior Art
Be sure you know what else is out there in the world like your idea or invention. Your patent practitioner should always start with a professional Prior Art Search. This will inform about the products, inventions, and research that are similar to your invention or idea. It offers insight into novelty and patentability. Further, it helps inform on what to address when writing the patent application’s description and claims sections in particular. We also offer Patentability and Infringement Studies that can include prior art searching. These studies analyze the claims of patents and patent applications.
- Write the best description (specification).
Patent Application Writing is next. Once your practitioner knows what you are likely to be facing as prior art he or she can write a good patent application. Good searching enhances application writing, and can reduce or eliminate potential rejections and objections, saving you money. A quality search will make all the difference in writing an application. An application must be properly written for patent office submission.
- File the patent application.
After prior art searching and the claim patentability study has led to a properly written application description, claims, and drawings (if needed), it is time to file the application. We provide Patent Application Filing, and can file an application ready to file, right now, if needed (we are available for clients 24 hours a day). We can file any type of patent application. Provisional or Non-Provisional, Utility, Design, Plant, US, or International (PCT, Hague).
- Prosecute the patent application.
The final step is Patent Prosecution. While it does happen that an application is submitted and the first office action is a notice of allowance, this is not at all usual. Usually the USPTO will have a few things to say about even the best prepared applications. The reason is simple, they examine each and every detail to be sure that it is patentable, and, if it is, they require the application to clearly and accurately communicate what the patentable invention is and exactly how to make and use it. The USPTO has a fully disclosed process and procedure for examining patent applications. Patenting is a complex process, and we highly recommend professional patent practitioner help. Contact Us.
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