5 Steps to Patent
Our Five Steps to Getting a Patent for an Invention
If we represent your invention, we start the steps to patent with the prior art search and patentability evaluation. If the invention is patentable, we then write and file a patent application for the invention. We monitor the application and communicate with the patent office for you. We work closely with our inventors from beginning to end. If you have an invention, schedule a free patent consultation to get help getting a patent.
Patent Step 1: Prior Art Search
The first step in the patent process is the prior art search. This step is a worldwide search for patents, patent applications, and non-patent literature that are similar to the claims of the invention. Pretty much anything available in any language is potential prior art. Anything that mentions, talks about, or shows how to make and use the invention is potential prior art. This step aims to answer the question: Is it new?
If applying for a patent yourself, you should read our article about how to do a prior art search. Check out our Patent Search Keyword Brainstorm Template to learn how to broaden your search terms and get better results when performing a DIY patent search.
The internet, generally, and over 100 patent and patent application databases worldwide should be searched. This is what the patent examiners will do when they look for prior art to determine whether the invention is novel and non-obvious while examining the application.
Carson Patents recommends DuckDuckGo for general internet searches and PatentScope for patent and patent application database searches. We recommend all inventors seek the help of a licensed patent practitioner (patent agent or patent attorney) for help with all of the steps to patent. This step is sometimes known as a USPTO patent search.
Patent Step 2: Patentability Study
The patentability study, the second of our steps to patent, is a determination of whether the invention is patentable and whether the prior art discloses the invention. The prior art found during the search is reviewed and examined to determine if an invention is patentable and what can be patented. This step aims to answer the question: Can it be patented?
An invention may be patentable if it is patent-eligible subject matter, useful, novel, and non-obvious. Most inventions are patent-eligible subject matter and useful. An invention is novel if it cannot be found in the prior art. Non-obviousness is the most difficult to determine. If the prior art provides the elements of a new invention so that a person having skill in the art would already know how to make the invention, it is likely obvious and thus not patentable.
Carson Patents conducts the prior art search and patentability evaluation for all inventions. Our USPTO-registered patent attorney performs the search and conducts the patentability analysis. We only offer to write patent applications for inventions that we have a reasonable, good faith-based belief are patentable based on a patentability study.
Patent Step 3: Writing a Patent Application
The patent application writing step is the writing of a complete and proper patent application for the invention. A complete and proper patent application includes the specification, claims, abstract, drawings, oath or declaration of invention, and the filing fees. Translation to English is also required if the original is not in English. Additionally, you should also file an Information Disclosure Statement (IDS) preferably at the time of initial filing. The IDS is a listing of all the prior art found and evaluated in the first two steps.
Carson Patents recommends that all inventors consider the non-provisional patent application unless there is a compelling reason to file a provisional. Compelling reasons to file a provisional include a rush to claim first and a delay for business reasons.
A patent application can be provisional or non-provisional. It is important to note, however, that provisional patent applications are not examined and do not generally include claims. Claims are the point of a patent, and only non-provisional (regular) patent applications are required to have claims. Thus, only a non-provisional application can receive a patent. The provisional is a placeholder for a non-provisional application.
Patent Step 4: Filing the Patent Application
Patent application filing, step four of our steps to patent, is submitting the complete and properly formatted patent application to the patent office and getting a filing receipt. Any missing parts may result in a later filing date. Interestingly, patent applications can be filed both online and by postal mail to the United States Patent and Trademark Office (USPTO), but international PCT application submittals to the World Intellectual Property Office (WIPO) may currently only be done online.
After filing, your invention is patent pending. The USPTO will send a filing receipt to confirm that your application for a patent has been received. Only patent applications that have all of the required parts and forms will get a filing date. The filing receipt will indicate the date that the application is considered complete and filed.
Carson Patents recommends that all inventors seek the help of a licensed patent practitioner (patent agent or patent attorney) for all of the steps to patent.
Patent Step 5: Responding to the Examiner
The patent prosecution step is the conducting of communications with the USPTO or WIPO patent offices to put the application in a conduction for allowance and issue if possible. In other words, patent prosecution is communicating with the patent office and patent examiner seeking to get a patent for the invention. Patent application prosecution is either [1] representing a patent application through examination, [2] appealing an examination decision, or [3] conducting opposition, reissue, or reexamination proceedings.
The goal of patent prosecution is to get a patent application allowed and issued. In other words, converting a patent application for an invention from patent pending to granted (allowed and issued).
Prosecution happens after a patent is pending, and it occurs both before and after a patent is granted. Most often, patent prosecution involves communications with the patent examiners through letters called office actions. Patent prosecution for applications includes responding to office actions, writing application amendments, revising existing claims, and examiner interviews.
Supply:
- New Invention
Tools:
- Patent Attorney (USPTO Registered Patent Attorney)
- Global Search Engine Accessing All 100+ Available Data Sources
- (Optional) AI Tool: Search Expanding and Enhanced Language Translation
- (Optional) AI Tool: Patent Application Mock Examiner Review
Materials: Description of the invention and any proposed claims. Description of the problem the new invention solves. Description of any existing solutions to the problem solved.
Expert Patenting Services from Carson Patents
Carson Patents offers all patent application services necessary to seek patent protection for your invention. We provide online expert help for inventors from all over the world with U.S. and international patent applications for utility, plant, and design inventions.
Transparent pricing: Learn more about our prior art search and patentability study costs and our all-inclusive patent application service fees. Try our easy-to-use patent application cost calculator.
You can find out more information about specific patent application processes by checking out our What to Expect in the Utility Patent Application Process and What to Expect in the Design Patent Application Process. Read about what happens after you get a patent.
Patent Confidentiality: Invention disclosures to patent practitioners are covered by client-controlled privilege. In other words, you are free to discuss the details of your invention with a licensed patent practitioner, but with all others, you likely need a non-disclosure agreement (NDA).
See how patent decisions fit into a developing product project in our SnuffRing Invention Diary case study, with lessons from prototyping, filing, and planning the next development step.
Important Tip: When looking for expert patenting services help, only a patent attorney or patent agent can prosecute patents for you. Check out our patent dos and don’ts.