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There are a number of types of patent applications, and a number of types of
patents, but when we speak of a "patent application," generally
we are talking about a utility patent application -- aka, a regular patent
application (RPA). This application is your formal request to the US
government that it give you a 17-20 year monopoly to make, sell and use your
invention. If the US Patent and Trademark Office decides that you have an invention that is
protectable under the US Patent Act, it will issue Letters Patent to you,
which is what you march into court with if someone attempts to steal your
invention.
In order to obtain a patent, you are first required to disclose how to
"make and use" your invention. This is your part of the
bargain with the government. In return for your disclosure the
government will grant you a monopoly for 20 years from the date you
file. But your monopoly will be strictly limited to just what you claim in the
RPA. The RPA consists of a disclosure (including drawings) and a detailed claim of
your invention.
What you claim as your invention is
actually a set of numbered statements called "claims" that set forth in detailed language
all of the elements and limitations of your invention. If your
invention is a method, then the claims set forth the steps of the
method.
If you have
never seen or read a patent here is a link to a very simple patent of my
own that will give you a good idea of what a patent is. When I was
awarded this patent in 2001 the US government gave me a monopoly good for
20 years from the date I filed the application to make, use and sell a lever for bar taps that allows
the barmaid to fill a glass or jug using just one hand. [As you can
imagine, the research for this project was horrendous -- very tedious and
time-consuming.] This patent
is displayed publicly on the PTO's web site, as yours will be once it is issued.
The RPA starts off as an application, but once it is allowed by the PTO,
the same document becomes your patent. What you claim in the application as
your invention is all you will be entitled to protect in court. The
RPA
is, thus, the "title" to your invention, and like a
real estate title it must be drafted carefully in order to comply with
currently applicable laws. It is quite possible for you to draft and
file your own RPA and obtain a patent on your own if you have enough time and incentive.
In fact, examiners are required to assist those who apply for their own
patents. A DIY book from Nolo Press by David Pressman (Patent It
Yourself) takes you through the process step-by-step. (Even if
you hire a professional, this is a good book to have at hand so you can
follow the process.)
But be forewarned: all patents are not equal, and some patents are not
worth the effort it took to print them, and if you ever have to enforce
the patent against an infringer, his lawyers will do everything they can
to invalidate your patent. To extend our analogy with
real estate, when people ask me whether they can draft and prosecute their
own patent, my rule of thumb is that anyone who would not be willing
to do the legal work required to close on house sale -- draft the contract, draft the
deed and title, and record the deed -- probably
wouldn't want to pursue a patent on their own because drafting a good,
strong patent is, in most cases, much, much more difficult than drafting and
recording a deed and title to real estate. That is why inventor's hire patent
professionals.
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