After your self-assessment, you’ll need a provisional patent and a prototype.
Making a prototype is the next step, which takes you into the development stage. If you are so inclined and are talented enough, you can make your own prototype if it’s a product. If not, do some research to find out who can make it for you You can look up local prototype manufacturers; surely you’ll find a few in your area. If it’s a service, write out your vision. Do as much of this process yourself, because no one else sees your vision as clearly as you do. Your assignment is to present it in a way that everyone else can see your vision as clearly as you can. Write as much as you can about it: What are the features and benefits? Why would someone want this over something else? What makes this unique? What about this adds value or quality to someone’s life?
Time and resources
These three tasks shouldn’t take very long. You can accomplish them in the course of a couple of weeks if you have a lot of time, and about a month if you don’t. Be sure to schedule enough time for these steps. I also recommend picking up a few books on the invention process. They are filled with many resources, such as Non-Disclosure Agreement Templates and other forms. Invention books are also filled with website links and other useful tools to help educate you about the process. Another strong recommendation is that you get a bound notebook and start writing all of your ideas, then progress throughout An application’s prioritized status does not last forever. Once a final rejection is received or the applicant requests an extension of time to respond to the USPTO, the application loses its prioritized status.
Patent Prosecution Highway
The Patent Prosecution Highway (PPH)
is an examination acceleration option to consider when you have corresponding foreign or PCT patent applications. A PCT, or the Patent Cooperation Treaty patent application (also called an “international” application), preserves your right to seek patent protection simultaneously in each of a large number of countries. For each PCT application, an International Searching Authority performs a patentability search. The ISA creates a written opinion regarding the patentability of the invention. When patent claims are deemed allowable by a foreign patent office or an ISA, the PPH allows the U.S. claims to be examined earlier if the applicant aligns the U.S. claims with the allowable claims. The
in that book. Be sure to write the date on all of your entries. It will keep you organized; most important, if a dispute arises that someone else thought of an idea first, you’ll have documentation to back up your idea timeline. Put everything in that book—sketches, documented phone conversations, your daily action steps taken, etc. This also serves as a reminder of your progress and how much you’ve accomplished along the way, which will have a positive effect if you are ever feeling overwhelmed. The important thing is to get beyond the idea stage and start making progress to move your innovation to fruition. You’ll see that once you start bringing your idea to life, it begins to take on a life of its own. Others will want to hear about it and help you in any way they can. Remember, there’s no such thing as a bad idea. Every idea gets you closer to something else that has the potential to be even bigger and better than you could have imagined. I’m glad you’re ready to take action! I was lucky enough to get some great guidance, so it’s important to me that your needs are met and your questions answered. Diane Forster is the president/CEO of Diane Forster Innovation in San Diego, a company that designs, manufactures, licenses and distributes consumer goods products focused in the kitchen ware industry. Contact Diane at diane@dianeforster.com.
Patent applications in the mechanical technologies space can wait an average of almost two years before being examined. applicant must amend the U.S. claims to make them substantially identical to the allowable claims and file a request for entry into the PPH at the USPTO. Significantly, no additional USPTO fees are required to make this request. The PPH can only be requested in the U.S. if patent examination in the U.S. has not begun. Additionally, applications in other countries can be put on the PPH based on a finding of allowability by certain patent offices or the PCT examining authority. PPH availability varies by situation and by country, though most major patent offices participate in at least one PPH program.
For example, if a U.S. application claims priority to a Canadian application that has been deemed allowable by the Canadian patent office, you can request to enter the PPH in the U.S. Once the request is granted, the corresponding claims in the U.S. application advance to the front of the examination queue and receive a U.S. examiner’s opinion on the merits within approximately two to three months. Therefore, the Patent Prosecution Highway can be a good option when corresponding claims are deemed allowable by a foreign patent office or a PCT International Searching Authority. Depending on your situation, one or both of these strategies may be viable options to speed the examination of your patent. They should be carefully considered with your patent attorney to determine the best way to obtain the necessary protection for your invention—sooner rather than later. Eric Amundsen is a shareholder and Jennifer Wang is an associate in the mechanical technologies group at intellectual property law firm Wolf Greenfield in Boston.
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