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How to Draft a Patent Application

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									Patent application procedures are universally governed by the Trade Related Aspects
of Intellectual Property Rights (TRIPS) agreement. The Agreement on TRIPS is an
international agreement administered by the World Trade Organization (WTO) that
sets down minimum standards for many forms of intellectual property (IP) regulation.
  Patent prosecution is the term used to describe the patent application process from
the point in time that the Patent Office, through an examiner, begins working on the
application that is filed by the inventor or an attorney representing the inventor. Below
is a description of how the process works for a United States national application.
  There are two main routes to file a patent application. The first is to hire a patent
agent, also known as a patent attorney. A patent agent is a legal professional trained to
represent clients seeking to obtain a patent. They can draft your patent application for
you and file it on your behalf, acting as a mediator between yourself and the UK
Intellectual Property Office. There is no action for infringement of your patent until it
actually issues.
  However, through publication of your application, it may be possible to obtain
provisional damages for the time between publication of the application and the
issuance of the patent. Once your patent issues, infringement can give rise to treble
damages and an award of attorney fees.
  A "continuation-in-part patent application" patent application claims priority to the
parent patent application filing date, and is an application where the applicant adds
new matter (additional written description and/or figures) not disclosed in the parent
application, and typically repeats a substantial portion of the parent's specification,
and has at least one common inventor listed in the parent application.
  By establishing a filing date, the inventor or business can use the one year period to
develop or test the market for the invention. If the invention is developed and appears
to have commercial value, the company can proceed with the filing of a
non-provisional application that claims priority to the earlier filing date. If the
company decides not to pursue the invention.
  The concept of enablement boils down to whether the application describes all the
parts, elements, embodiments necessary to teach one skilled in the art how to make
and use the invention. As such, the specification and the drawings must be complete.
  You must have a complete knowledge of the process that was taken to bring the
invention to completion. This is a must. If you can not or have not documented the
entire process, there is a good chance you will not be granted a patent. You may wish
to hire a professional draft person to help with this process as it is critically important.
  Once you are sure your idea is not yet already covered, you must decide what
category your patent should be filed under. The most common is the utility patent.
This covers inventions, processes, new discoveries, composition of matter, and
modifications to existing items. There is also the design patent that covers a new,
original article for manufacturing.
  Read About Patent Attorney Also Read About Patent Law Firms and Patent Drafting
America

								
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