Once in the Patent Office, the papers will be studied by a Patent Office examiner. You will be notified in writing about any decision concerning your patent application. (Be patient, it takes about two years for the Patent Office to process each application.) If your patent is denied, then you and your patent practitioner can amend the claims and point out why the patent should be granted. It is usual that the patent examiner will first reject your application even if eventually it is found to be patentable. This exchange of rejections from the Patent Office and amendments by you and your practitioner may continue until the patent examiner allows your application or says that the rejection is final. If you wish to continue seeking a patent in this eventually, then you and your practitioner may appeal to the Board of Patent Appeals and interferences.

If your patent is granted, congratulations! You now have a period of years in which to market and turn a profit on your idea. (But remember that you may not use another's patented invention in the practice of your invention without obtaining the other patentee's consent.)

Unless you have some financial resources of your own, you will probably need to seek help in the marketing of your invention. Some suggestions for locating manufacturers and individuals who might be interested in your invention:

Seek information from chambers of commerce and banks.
Seek information from the district offices of the Small Business Administration and of the U.S. Department of Commerce.
Write to the governor of your state to obtain a list of planning and development agencies that assist manufacturers and communities that are seeking new product/process ideas.

Before you make any commitments to any organization, however, investigate the firm's reputation and make sure you are dealing with reliable people. Beware — many of the invention marketing companies are less than honorable. If they require a large up front fee to promote your invention, this is a sign that they plan on making money whether your invention is successful or not.

If you want to sell or license your patent rights, you can, for a fee of $25, request the U.S. Patent and Trademark Office to publish such a notice in the Official Gazette, the weekly publication of information related to patents and trademarks. You can find copies of the Gazette in the library, or you may buy it from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

For more information, visit the Patent Trade Office at www.uspto.gov.

 

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