 Invention protection and provisional patent applications are two important
elements of what The Franklin Forge often refers to as "front end" services --
that is, the process of taking your idea through the patent process. (For information on "back end" services, refer to our
page on how we market your invention. But the patent process involves much more than
this. To assist the inventor in the patent process, The Franklin Forge offers the
following services: (1) A
quality patent search conducted manually at the U.S. Patent and Trademark Office
by a Washington DC area patent search professional.
(2) A report based upon the patent search results prepared by an
independent registered patent attorney as to whether your invention conflicts with the
claim(s) of any unexpired prior art patents and/or novelty. This report will include a
copy of all previous patents referenced by the patent searcher.
(3) A patent application which will be handled by a registered patent
attorney.
(4) The technical drawings for the patent application.
What's the First Step in the Patent Process?
Invention Protection.
 Documentation.Whenever
you come up with a new idea or invention, you want to get a "date" attached to
it immediately. Write out the general concept of your invention. Take the paper to a
Notary Public.
Notary Public. Explain to the Notary that you
have a description of a new idea and you need to get a date associated with it. Usually,
the Notary will ask you to sign and date the paper and then they will witness this
procedure.
Invention
Protection. The reason for documenting your invention is to avoid conflicts with
someone who may come up with it later. Once it's notarized, keep the original document in
a safe place with all notes and drawings you may have. It's a good idea to keep a diary on
your project.
The Invention Patent Search
We offer two types of searches during this phase of the patent process: a
Screening Search or a Novelty Search. Both patent searches are conducted manually
at the U.S. Patent Office. Additionally, a patent examiner is consulted with regard to the
proper areas of search for your invention. Don't accept an on-line patent search or any
other supposed convenience; a manual search - at the U.S. Patent and Trademark Office - is
by far a more reliable way to have a patent search conducted.
The Screening Search: An experienced, professional
Patent Searcher conducts a screening search in the available records
of the United States Patent and Trademark Office. An independent
registered Patent Attorney then reviews the unexpired prior art
patents identified by the Searcher and comments in a written report
as to whether the disclosed invention conflicts with the claim(s)
of any of the unexpired prior art patents identified as a result
of the search. Fee: $295.00.
The Customized Patentability Search: This
carries the Screening Search one step further. The Searcher will
also review expired patents and the Patent Attorney will comment
in a written report on the possibility
of obtaining patent protection for the disclosed invention in view
of the body of prior art identified as a result of the search. Fee:
$495.00.
Applying for a Patent for Your Invention
At this stage of the patent process, we offer three types of patent
applications; the Provisional Utility Application, the Non-Provisional Utility
Application, and Design Patents. We rely on the recommendation of the independent
registered patent attorney as to which application should be filed.
A Provisional Application establishes a filing
date but does not begin the examination process. It provides the inventor with a one-year
period to further develop the invention, determine marketability and seek licensing
agreements. It also offers a measure of invention protection. To obtain a patent, the
inventor must file a non-provisional patent within 12 months of the filing date of the
provisional application.
Utility Patents may be granted to anyone who invents or
discovers any new and useful process, machine, article of manufacture, or compositions of
matter, or any new useful improvement thereof.
Design Patents may be granted to anyone who invents a new,
original, and ornamental design for an article of manufacture.
The Provisional Patent Application - An Ideal Program for Your
Invention
For many people, our Provisional Patent Application, or ProPatAp Program™
is the most cost-effective method to explore commercial opportunity for their invention.
You don't have to spend thousands of dollars on a non-provisional patent application to
see if a manufacturer has an interest in your idea. The United States Patent and Trademark
Office now offers provisional patent applications (ProPatAps). It's the system used by
most countries in the world.
Provisional Patent Applications allows for refinement and/or improvement,
as well as for one year of invention protection. Almost every invented new product evolves
during the patent process. If you file for a utility patent right away and refinements or
improvements come about, you cannot add this information to the utility patent application
without filing a new application called a Continuation-In-Part. This could double the
cost. . It's the system used by most countries in the world.
At a greatly reduced cost, you can have "patent pending" on
your basic idea/invention while still preserving your right to a non-provisional
application, thus obtaining a degree of invention protection. The Provisional Patent
Application (ProPatAp), gives The The Franklin Forge a year to find a manufacturer to
produce and market your invention and pay you a royalty based on their gross sales. If a
company agrees to license your idea, we can negotiate the agreement to have them pay the
cost of your non-provisional patent application.
"Why would a manufacturer pay for my utility patent?"
Simple: to protect their investment. Invention protection is important to manufacturers
too. The manufacturer has the biggest investment at risk and they'll take whatever steps
are necessary to protect it. Compared to their production investment, the cost for the
patent process is nominal.
"What if the manufacturer agrees to license my invention and will not pay
for my non-provisional utility patent application?" The Franklin Forge
will!! We will pay the retained patent attorney fees to file and prosecute the
non-provisional application, including the drafting / drawing fees and the Patent and
Trademark Office filing fee. We know the complexities of the patent process, which is why
we offer the patent help inventors need.
If a provisional application does not suit your needs, a
non-provisional utility or design application can be filed on your behalf.
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The Franklin Forge
Jeffrey W. Wilkins, President
38 Baptist Hill Road
Post Office Box 10
Conway, MA 01341
413 369-0122
800 501-2252
FAX: 413 369-0301
Email Franklin Forge
www.franklinforge.com |
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