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The patent creation process...

Patents available for purchase or license

I'm an inventor who has been involved in the patent process for several years. I'm not a patent attorney, but I've worked closely with a patent expert, as well as with representatives from the United States Patent and Trademark Office (USPTO).

The following is the basic timeline and process I went through to apply for and secure patents for seven inventions. This process should not be used as a template or advice on how to get something patented.

The USPTO has a system available to inventors called Private Patent Application Information Retrieval (PAIR). This system requires that you create an account. The process to do this is documented on the website, and it is well worth the investment in time prior to starting any USPTO submission.

1. Concept and creation

   While inventing something is a creative process that relies on flexible thinking and problem solving, the creation of an invention, especially one that eventually results in formal recognition by the USPTO, necessitates significant research to uncover any previously documented similar ideas. This research can produce what's formally known as "prior art."

   Prior art is defined as evidence that an invention already exists. Prior art does not need to exist physically or be commercially available. It's enough that someone, somewhere, at some previous point, showed or made something that contains technology very similar to what you have in mind. As an inventor, it behooves you to do as much research as possible, since the cost of not doing this research can be expensive. While the USPTO has far better and more comprehensive search tools and techniques available, most prior art can be discovered using well-established search tools, such as Google and the USPTO publicly searchable database. A good patent attorney can facilitate this search if you need help. If prior art exists, it does not necessarily mean you can't patent your idea. It just means that the hurdles are a bit higher. After establishing that there is likely no prior art that would preclude the issuance of a patent, a somewhat formal process is required to protect your idea before submitting it to the USPTO for official consideration. According to the USPTO, the average length of time needed to complete the process is 24.6 months.

2. Provisional application

   The first step on the path to being granted a patent typically begins with a provisional patent application. This application is filed with the USPTO under section 35 USC §111(b). A provisional application is not required in order to have a formal patent claim or an oath or declaration. In fact, a provisional patent is not even required to apply for a patent. However, it does offer some protection for your idea, since the provisional patent is registered with the USPTO. After you've filed the provisional patent, you have a year to decide if you want to proceed and spend a significant amount of money to complete the process. A provisional application must have the following general categories. The examples for these categories are from the provisional application for my patented Low Emission Full Mouth X-ray Apparatus. The language must conform to requirements set forth by the USPTO, including non-standard formatting and punctuation, but the provisional application need not be perfect or complete, as the USPTO reviews it only at a very high level.

   • Title and declaration. This is a very brief recitation of the document. For example:

     This is a provisional application for patent within the meaning of 35 USC §111(b).

   • Brief description. This is a brief description of the invention that gives a very high-level overview of the general concept. For example:

     The subject of this invention relates to x-ray imaging, specifically, to a full mouth x-ray apparatus. The disclosed invention presents an apparatus that allows the entire mouth to be imaged in one shot, with a very low radiation escape. The disclosed invention may be used with contemporary medical/dental x-ray devices.

   • Background on the invention. This typically includes the history of current techniques or mechanisms, why they exist, possible drawbacks, and why something else is needed, and how it generally would work. For example:

     The need for the medical/dental practitioners to take x-ray images of the human mouth remains as necessary modernly as it has historically. The disclosed invention may be used with contemporary medical/dental x-ray devices.

   • Summary of the invention. This section includes a very high level discussion of how the invention works. It does not need to be complete. For example:

     The apparatus of the present invention provides the ability to take an x-ray image of an entire mouth in one exposure while significantly reducing the amount of escaped x-ray energy. This is accomplished by using a full mouth insert that has cavities for two strips of film; one for the upper set of teeth and one for the lower set of teeth.

     Additionally, the full mouth insert has a wave guide means that directs the beam of x-ray energy from the horn of the transmitter to the inside of the mouth. From there the energy is directed outward, through the teeth and then into a barrier that blocks the radiation from exiting the apparatus. In this way the apparatus allows an accurate image of the entire mouth with only one shot with no possibility of misalignment.

     The present invention is discussed in detail below in conjunction with the drawings listed below. As will be evident, the apparatus of the present invention overcomes the disadvantages of the prior art.

   • Brief description of the drawings. This is a simple list of the illustrations that follow. For example:

     Figure 1: shows the full mouth insert of the apparatus of the present invention.
     Figure 2: is a latitudinal cross section of the full mouth insert of the present invention.
     Figure 3: is a longitudinal cross section of the full mouth insert of the present invention.
     Figure 4: shows the full mouth insert of the present invention being used with a conventional x-ray transmitter.

   • Detailed description of preferred embodiments. This section covers how the illustrations show how the invention works. It should also include a list of specific advantages, although it doesn't have to be a complete list at this stage, as the details will likely change when the provisional patent application is submitted. Note that bolding identifies specific drawings. For example:

     Four tooth cavities, two upper tooth cavities 50A and 50B, and two lower tooth cavities 60A and 60B are shown. A person's teeth 52A, 52B, 62A and 62B are shown to provide a reference for the reader. Focusing tube 20 interfaces with waveguide means 35. Waveguide means 35 occupies the interior of the second inner u-shaped portion 30 of the full mouth insert 10. As can be seen, an x-ray energy impeding barrier 37 lies to the inside of the inner u-shaped portion 30 of the full mouth insert 10. The x-ray energy impeding barrier 37 prevents x-ray energy from escaping to the inside of the person's mouth.

     A fourth advantage of the present invention is that no misalignment possible. This occurs because the film is contained in narrow film cavities that prevent it from moving about. This feature again improves the economics of the process as well as eliminating the need for second or third exposures to get a usable image.

   • A Short, concluding summary of the invention. As the section indicates, this is a concluding, brief summary. For example:

     The apparatus the present invention provides the ability to take an x-ray image of an entire mouth in one exposure while significantly reducing the amount of escaped x-ray energy. This is accomplished by using a full mouth insert that has cavities for two strips of film; one for the upper set of teeth and one for the lower set of teeth.

   • Drawings. This section includes all the relevant drawings that justify the invention. Again, they don't need to be comprehensive. For example:
     
3. Non-provisional application.

   The non-provisional application is the culmination of a month's worth of writing, rewriting, and creating drawings that accurately describe the invention. The language is very formal. It includes seemingly odd sentence construction and punctuation, as well as specific formatting issues required by the USPTO. Any deviation from the guidelines likely results in delays. There is no adequate way to give an example of the level of formal detail required by the examiner assigned to your application.

   Some examiners work with you to correct minor problems or give you detailed feedback about how to correct errors in the language or drawings. Some examiners are willing to make changes in what are called "examiner amendments." Other examiners are less forthcoming.

   All the communication with an examiner must be documented in writing, either by you or by the examiner. Some examiners are willing to discuss issues at length over the phone. Ultimately, it's your responsibility to get the application right, just as it's the examiner's responsibility to ensure that you follow the guidelines.

   The progress of each patent application can be tracked via the USPTO website via Private PAIR. Here's an example of what you might see as the patent process moves forward:

   
4. Patent approval.

   When your patent is approved and all fees are paid, you will get the physical patent in the mail. It's quite an impressive document.

   

 

Copyright © 2017 Jonathan Ganz