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How do I search and file a patent?

By: Jason White



How do I search and file a patent?

Patent basics: A patent for a product or business process invention is the grant of a property right to the inventor. Patent protection prevents others from using a product or business process invention for commercial purposes without the permission of the inventor. As explained the information below, there are two basic types of patents – “A design patent protects only the ornamental appearance of an invention, not its utilitarian features. A utility patent would protect the way an article is used and works”.

Before registering a patent, you will need to familiarize yourself with the patent process and conduct a thorough patent search, which involves more than just a cursory search of similar products available in the marketplace, to confirm the availability of patent protection for your invention. While you can attempt to conduct a patent search on your own, patent and other intellectual property laws are often complex and using a lawyer or patent service may be your best solution to conduct a thorough patent search and evaluate whether your product idea infringes on another party’s patent. To familiarize yourself with the different types of patents and the patent process you can review information from the U.S. Patent and Trademark Office.

(USPTO) and related resources like the following:

 Patent fees and costs:

Nolo press has a series of articles and publications that provide a good basic tutorial on the patent process and applications, including the process of obtaining a patent on your own:

Patent Search: The patent process can be very expensive; therefore, you may need to conduct a thorough patent search in order to determine that patent protection is available for your product idea. As to conducting a patent search, if there are other versions of your product ideas on the market, you can initially review the websites, sales materials, product brochures, or other information from the companies that sell those products which may indicate their patent registrations. With this information, you can expedite your search of any patents registered with the U.S. Patent and Trademark Office. For detailed suggestions and tips on conducting a patent search, you can review articles and resources like the following:

Published: June 14, 2013

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Jason White

 Jason White is an associate attorney at Finestone & Morris in Atlanta, GA. With a J.D. from Emory University, Jason is a member of the State Bar of Georgia and the American Bar Association. His legal specialties include corporate, sports and entertainment, civil litigation, creditor’s rights, commercial leasing, estate planning, and criminal defense.

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