The USPTO Welcomes Patent Applications From Small Businesses

The United States  특허출원  and Trademark Office (USPTO) welcomes patent applications from small businesses and independent inventors. Applications are processed using a streamlined system of patent applications and reviews that are both searchable by keywords. The office also offers many resources for inventors looking to patent their technology, including online courses, books and blogs. Additional resources and guides can be found on its website.

Types of Patents

A patent can be broadly classified as either a utility patent or a design patent. A utility patent protects the invention of a practical application, such as a new drug or medical device. Design patents protect the ornamental design of an object, such as a piece of jewelry or an architectural feature. A patent application must contain a non-zero reason for applying for a particular type of patent. For example, if your application is for a design patent and you do not have a practical utility for your design, you should select the option for a design patent rather than a utility patent.

Features & Benefits

The USPTO offers a variety of features and benefits to patent applicants, including:

• Lightning-fast filing. Your patent application will be processed and given a patent number within 10 months of being filed.
• Ability to search patents by keywords. The system allows you to search all patents filed within the past few years, empowering you to find the information you need quickly.
• Choice of graphical user interface. You can choose between the traditional graphical user interface (GUI) or a web-based interface. The latter is particularly beneficial for those who are unfamiliar with patent application systems and technological devices.
• Optional digital scan of drawings. You can have your invention described in greater detail with the aid of scanned drawings. Scanned drawings make it easier for the USPTO to review your application and determine whether or not it is entitled to patent protection.
• Patent prosecution services. You can engage with an attorney to help you through the patent application process. This option is beneficial for those who wish to protect their intellectual property.
• Early abandonment & reissue. If you discover that your invention is not novel enough to be given a utility patent, you have the option of reissuing your patent. This option can be beneficial if you are seeking to protect a new design that is deemed functional and does not provide an innovative enough step forward to be given a utility patent.
• Redesigned application forms. The USPTO provides applicants with a form that is both simple and effective. This form allows you to concisely and accurately describe your invention, perfect for those who are unfamiliar with the patent process.
• Single-disclosure draft (SDD). The USPTO is in the process of revising its patent application form to accommodate those who disclose their invention using the single-disclosure draft (SDD) format. This format allows an inventor to upload detailed drawings and descriptions of their invention using only one document. The benefit of using the SDD format is that it greatly reduces the amount of material that the inventor must submit to the USPTO.
• Electronic filing. Those who prefer to work remotely can save their invention files as PDFs and send them in via email. This option also allows the invention to be filed electronically and allows the USPTO to conduct the patent search more quickly.
• Patent analytics. The USPTO provides applicants with a dashboard that shows them the status of their application, including the estimated time that the application will be examined.

The USPTO also offers additional benefits to businesses such as small and medium-sized enterprises (SMEs). These include:

• Patent acquisition. The system offers SMEs the ability to obtain a patent for a reasonable cost. Some SMEs obtain a utility patent for less than $25,000. This can be a significant cost savings for those seeking patent protection.
• Patent maintenance. The system allows SMEs to save money in the long run by maintaining their patent rights. Without having to pay expensive licensing fees, SMEs are able to offer their products to the public free of charge. This can be a significant cost savings for those seeking to commercialize a new product.
• Patent progeny. Those who obtain a utility patent for a consumer product can benefit from having the right to exclude others from making, using or selling the patented invention for a certain period of time. This can be particularly beneficial for those seeking to maintain the value of their intellectual property.
• Trademark protection. Like a patent, a trademark provides the holder with the rights to exclude others from using the mark in commerce. This can be beneficial for businesses that wish to maintain the integrity of their brand.
• Foster innovation. If you are an inventor who develops a new product or design and does not seek to patent it, you can apply for trademark registration. This allows someone else to not come along and use your invention and potentially lessen its value.
• Create jobs. The USPTO estimates that each utility patent grants create jobs. On average, new products generate more than 300 jobs each year.

How to File A Patent Application

To apply for a U.S. patent, you will need to follow the process laid out by the U.S. Patent and Trademark Office (USPTO). Here is the general process:

• Decide which type of patent you want to apply for: utility patent or design patent.
• Choose a filing site.
• Fill out the patent application form (PTO Form 1) and scan and email it to the USPTO along with a copy of your invention's drawing(s).
• The USPTO will then review your application, issue a grant or reject notice within 10 months of receiving it.
• If your application is approved, you will then need to pay the fee required for the patent.
• You have 12 months from the date that the application was filed to issue a patent. If you are under 18, you will need to get permission from your parent or guardian to issue the patent. If you are applying for a patent for a technology you developed, you will also need to disclose your affiliation with the company that owns the technology.

The process of obtaining and enforcing a U.S. patent can be both time-consuming and expensive, particularly if you need a lawyer to help you. Those looking to obtain a patent for a new product or design should consider the cost/time vs. benefit analysis before making a decision. If you wish to obtain a patent for your invention but do not have the money to pay the application fee, you can apply for a fee waiver through the USPTO. Alternatively, you can create a non-profit organization to house your invention and seek donations from the public or corporations for the operating costs. Patents are an excellent form of intellectual property protection and can be an invaluable source of income for an inventor or SME.