Focus on Patents - Formal Patent Applications

Formal Patent Application

Prosecuting the Application
Drawings

FORMAL PATENT APPLICATION

      Focus on Patents, Inc. has at least one registered Patent Agent on staff to prepare Utility and Design patent applications from available inventor records after conducting a review of the publicly known art. The utility application requires a complete enabling disclosure of the inventor's idea such that one skilled in the same art may practice the invention at the expiration of the term. Changed in 1995, patents may now be maintained in force for 20 years from the filing date of an original parent application but are thereafter dedicated to the public as intended by our forefathers.

      As the United States Patent and Trademark Office, the USPTO, recognizes Registered Agents and Attorneys as equal practitioners, the preparation of the enabling disclosure depends heavily upon the understanding of the invention. With 35 years experience in industry, the agent(s) at Focus on Patents, Inc., have the experience to properly describe and claim inventions in various arts. As the claims form the legally binding part of each patent application, Focus on Patents, Inc., first presents the broadest claim thought to be allowable with dependent claims narrowing the scope of the invention. Usually, independent product, method and apparatus claims are presented to fully describe the invention.

      An important part of an enabling disclosure are the drawings which pictorally show an invention, Focus on Patents, Inc., procures drawings for inventions by calling upon the experience of skilled draftspersons to provide the necessary drawings for utility and design patent applications. Drawings can be prepared from models, engineering drawings, sketches or, where necessary, merely from a written description. We can also make a sketch at our initial meeting based upon your description. That sketch forms the basis for the formal drawings needed for the filing of the application.

      Focus on Patents, Inc., does not charge extra to prosecute applications in the USPTO. Prosecution is the process of moving the application to issuance through the USPTO. Nearly every application requires dialogue with an examiner in the USPTO and therefore Focus on Patents, Inc., responds to all these office actions, usually after consultation with the inventor. Some office actions are procedural in nature and therefore can be handled without further consultation. Upon filing each response, Focus on Patents, Inc., provides a complete copy of the USPTO office action and response to inventors for inclusion in their formal records. Some office actions include minor revisions to the formal drawings. Focus on Patents, Inc., procures these drawing changes without further charge to the inventor.

      Some USPTO office actions include additional prior art references found by the examiner which are germane to the invention. These newly cited art references are reviewed with inventor and in the response to the official action, agent(s) at Focus on Patents, Inc., try to distinguish over these references. In most cases, the art cited by the examiner is merely cumulative to art found by Focus.

      Focus on Patents, Inc., maintains a record of each invention and tracks each application, office action and issued patent such that all actions are answered in the alloted time frame. Focus pays issue fees immediately after consultation with the inventor to ensure the maximum allowable legal protection. Usually, the issuance of each application has been thoroughly discussed with the inventor prior to the notice of allowance and therefore, Focus bills the issue fee to the inventor upon receipt of the notice of allowance and payment thereof. Focus does not charge for the payment of this fee, thus Focus bills only for the issue fee.

      Since the early 1980's, the USPTO has required the payment of maintenance fees to keep issued patents in force beyond 3 ½ , 7 ½ and 11 ½ years. An escalating fee schedule is applied at each of these post-issuance dates. Focus on Patents, Inc., notifies the inventor in advance when maintenance fees are due, and, after consultation with the inventor, files client maintenance fee payments when authorized. Of course, a patent expires upon failure to pay any one of these maintenance fees.