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Patent Strategy

Public Use
With a working invention, you are probably going to want to start shopping your invention around or using it in public.  Before you do, you should contact us to avoid losing rights to your invention.  Making a public use or offering to sell products including your invention before you file a patent application can cause you to lose the ability to get a patent in the United States and in other countries.  We can provide you with guidance to help preserve your rights in your invention and help you develop a strategy which will allow you to avoid unintentionally losing your rights.  Click here to learn more about how disclosure can affect your patent rights.

Patentability Analysis
Early in the inventive process you should determine whether your invention is patentable.  Your invention may not be patentable for a number of reasons.  If the concept has been invented by someone else before you or if it is an obvious improvement on an existing invention it will not be patentable.  Click hereto learn more about the requirements for patentability.

Patentability Search
Before you make undergo the process of having a patent application filed, it may be wise to have us perform a patentability search.  This search will help determine whether others have already invented your idea.

Types of Patent Applications
Once you contact us, we will help you decide what type of patent application is best for your circumstances.  There are four basic types of patent applications: provisional, utility, design and plant.  Each patent application serves a different purpose.  To learn more about which type of patent application best serves your needs, click here.

Patent Application Process
Once we’ve agreed on the type of patent application to file, we will begin writing your patent application.  A patent application contains a detailed description of your invention and drawings.  The application must provide sufficient detail for someone else to be able to make and use your invention.  Failing to provide sufficient detail can be grounds for being denied a patent.  We will work closely with you during this process.

Patent Office
Once your application has been drafted, we will file it in the Patent Office .  Utility, design and plant patent applications will be examined by the Patent Office to determine whether the invention is patentable in light of previously-disclosed inventions.  The examination process generally includes a rejection of your application by the Patent Office in an Office Action.  Such rejections are to be expected and having a knowledgeable advocate on your side greatly increases your chances of having your patent allowed by the Patent Office.  Click here for more information on the Office Action process.

The process of writing a patent is time consuming.  Cutting corners and trying to save money often can lead to negative consequences, such as being denied a patent or having your patent invalidated.  Our goal at Botkin & Hall LLP is to provide a high-quality patent for a fair price.  For more information about our fees, click here.

Contact Us Today
Click here to contact us and allow us to begin the process of protecting your invention.