Inside the USPTO: A
Guide to the Patenting Process
Carlos Villamar and Chetan Sharma
Note: We have an integrated
approach to strategy as we strongly believe that taking
intellectual property inputs into strategic
initiatives is essential in obtaining a long-term sustainable
competitive advantage in the industry. To further the dialogue on the
subject, we will be publishing several articles, white papers, books,
and blog posts over the course of next few months.
This white paper is a joint project
Carlos Villamar, Partner, Roberts Mlotkowski Safran & Cole.
Carlos is a
patent attorney who has also worked as a patent examiner at the USPTO.
are a key corporate asset that can give the inventor and the company an
invaluable tool to protect and commercialize inventions. The process
of obtaining a patent is an important one – from start to finish.
Beginning with patent strategy, due-diligence and patent search through
the United States Patent Office (USPTO) process to finally getting the
grant, one needs to have a good understanding of each step. This
increases the probability of success by removing uncertainty from the
process. Inside the USPTO: A guide to the
patenting process takes a detailed look at the ideation
and the patent process, specifically, how patent applications flow
through the USPTO. By having a good grasp of the intermediate steps and
the various decision points associated with each of them, the paper
discusses how entrepreneurs and inventors can maximize their chances of
securing a patent.
We live in
a knowledge economy and Intellectual Property is a key asset in this new
ecosystem. Patents are one of the essential elements to creating barriers to
entry for rivals, building credibility and confidence of investors,
customers, partners, and employees, providing clarity as to the property
ownership, demanding leverage from the industry, and for generating
revenue from licensing and sale.
The knowledge economy thrives and sustains on ideas and
competitive advantage based on intellectual property. For individuals,
the prestige associated with being an innovator and “first to secure”
patents in a given field motivates them to be creative and innovative.
Entrepreneurs, engineers, and inventors can benefit from understanding
how to secure and maintain their intellectual property rights. This
paper discusses the important steps in designing, filing, procuring, and
defending your patent rights.
The following diagram illustrates at a high-level the
patenting process and important considerations in the decision flow
chart. The flow chart is discussed in detail in the subsequent sections.
Table of Contents
|Pre filing due diligence
|Conclusions and Recommendations
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