The First Step - and why not to skip ahead

The process of acquiring a patent begins with an initial evaluation of your invention to determine if it is novel.  This initial evaluation is accomplished by performing and analyzing an Initial Patentability Search.  This initial search and analysis is used to earlier inventions that have the same characteristics of the present invention and evaluate whether the characteristics are similar enough to preclude the inventor from getting a patent.

A caveat to this search is that an initial search although intensive may not uncover all of the inventions and publications that have ever been produced and are related to your invention. However, skipping this step is a mistake.  It is important because it gives you and your attorney a good initial indication as to whether to proceed with the patenting process.  To continue when an invention is found that has extremely similar characteristics to your inventions can be a costly and perhaps fruitless endeavor.

If the initial search is clear then the next step in the process is to begin either a provisional or non-provisional patent application.  What is the difference?  A provisional patent application can be thought of as a place holder that allows you time, generally up to one year, for the creation of a non-provisional application.

Once the non-provisional application is created and filed, it will be is preliminarily reviewed by a United States Patent & Trademark Office examiner to determine whether all of the required parts of the application are present. In order to obtain a filing date the filing must include at a minimum the specification, at least one drawing if in fact a drawing is required to understand the invention (which is almost always the case) and at least one claim. If these three things are presented to the patent office a filing date is awarded and the application will move forward.