What is a Patent Application

After receiving the search opinion, the inventor must decide whether to file for a patent. Inventors or company managers should consider the attorney’s opinion of the probability of obtaining a patent, their own evaluation of the sales, licensing, or other commercial potential for the invention, and the possible value of marking the invention with the designation “patent pending”.

A patent application is a detailed description of the invention, drawings, formal papers and, most importantly, claims. Patent claims are concise legal definitions of what is sought to be patented in increasing steps of detail. They appear at the end of an issued patent as the definition of what is patented.

The cost of filing an application is determined primarily from the attorney time required to prepare the patent application. A substantial part of the cost is also based upon the attorney’s or a patenting agency, such as InventHelp patent invention agency, expenses like government fees for filing the application and the cost for draftsmen and women preparing acceptable drawings. Patent applications typically cost clients a total of $5,000.00-$10,000.00 to prepare and file, depending upon the technology and the complexity of the invention. A significantly more complex invention could cost significantly more. This estimate includes filing fees, patent drawings and all expenses to get the application filed. It is payable in advance.

The patent statute requires that the patent application include a description of the invention which is sufficient to enable a person of ordinary skill in the field of technology to practice the invention without the necessity of undue experimentation. It is therefore very important that your patent attorney be given all information which is important to enable such a person to construct the apparatus or practice the method of the invention.

Furthermore, the patent statute requires that the application include a description of your best or preferred mode of practicing the invention as you currently believe it to be. Therefore, it is important that you describe all the details to your InventHelp patent an idea agency patent attorney of the best embodiment of the invention. It is important that you not withhold any information about the preferred structural or method features or parameters. If there is any question about this, you should inquire whether something must be disclosed. You have no obligation to find the best mode possible, only to avoid inadvertent or intentional concealment of the best mode as you believe it to be at the time of filing the application.

The patent law prohibits a patent if the invention has been on sale, or commercially or publicly used in this country, published anywhere or otherwise made available to the public more than one year before the patent application was filed. Likewise, a patent cannot be obtained if the invention was known or used by another in this country before you or your inventor invented. However, this prohibition may not apply if the sale or use was for experimental purposes. Therefore, if it is possible that any of these may be applicable, be sure to tell your patent attorney about the related facts and circumstances. You would not want to spend money trying to obtain a patent that will be clearly invalid.