Obtaining a patent is a complex process that blends the creative with the technical. An inventor’s right to their product lies under the patent protection laws. The whole thing is a triangular relationship between someone who is an applicant, the
patent prosecution lawyers in San Diego, and the U.S. Patent and Trademark Office (USPTO). Unlike patent litigation which occurs after a patent has been obtained, this process begins with a definitive cost search in order to determine if pursuing the patent is truly worth the time.
First Things First
The issue of patentability must be resolved first and foremost. The inventor should begin building relationships with the USPTO and the patent prosecution lawyers of San Diego as the attorney knows exactly how the procedure works and can help streamline things across the board. Plus, such parties are legally authorized to approach those in the governmental organization.
The Search is On
Of course, the inventor sits down with the attorney to figure out the details of the invention. Compared to prior art, is the invention itself novel and non-obvious? Is the nature of creation based on design or utility? Once these details are worked out, a patent application is completed on behalf of the applicant.
The patent examiner – separate from the attorney or litigator – receives the application in order to ensure that all the information is correct, unique, and detailed so that an accurate assessment as to the validity of the patent can be determined.
Full service IP law firm Jaquez Land Greenhaus LLP at www.jlg-iplaw.com is ready to help with all patent needs. Visit the website or give them a call today.