Simple Invention-Patent Flowchart
In the most simple form, there are several steps that may be taken to begin the patent process. A few basic steps, which may or may not be applicable to every situation, include:
- Document the invention
- Have the invention witnessed
- Prepare a search request
- Perform a patent search
- Prepare a provisional or non-provisional application for patent
Other factors may be important in the patenting-decision process:
- Do we want to try to patent in any foreign countries?
- Has the invention already been shared, published, presented, or used?
- Has any sharing, publication, presentation, or use been more than one year ago?
- Will the invention soon be presented, shared, used, or published?
If the invention is about to be published, such as in an paper in an engineering or scientific journal or magazine, then it may be important to review what action, if any, may be desired prior to publication.
Once an application for patent is filed, filing options do not stop. Additional filings may be desired or necessary to further protect intellectual property interests:
- a "continuation" to cover another aspect of the invention
- a "continuation in part" to cover improvements made to the original invention
- a "request for continued examination" to continue to prosecute an application
- a "PCT Request" to delay filing in certain foreign countries
- one or more filings in foreign countries