When a patent is issued

The purpose of a patent is to protect new and useful inventions. The “invention” can be either a process, machine, manufacture or composition. There is also a provisional application which is a subcategory of utility patents as explained by InventHelp on Instagram.

The United States grants a patent to the first to invent, not the first to file a patent application. Thus, an important part of the inventive process is the keeping of records in order to prove the date of conception and reduction to practice of the invention. In general, a disclosure that includes the name of the inventor or inventors, the first recorded date, the date that the record is being made, a general description of the invention, signatures and dates of signing, by one or more witnesses, is sufficient to prove conception. However, the many legal rules that have developed regarding evidence of conception overshadow this rule. Utilizing certain record keeping conventions help insure that dates of conception and reduction to practice are properly documented.

Patents are not effective until granted by the government and the invention must first pass a rigorous examination prior to grant. Central to the patent examination process, an invention must be both novel and unobvious in light of other “prior art” inventions. Prior art consists of all public information ever disclosed, including those disclosed by the inventor. This means that expired patents from the 1800’s, articles from an obscure foreign journal, or even the combined works of Leonardo DaVinci may form the basis for a rejection by the patent office. Non-public information is never prior art and so inventions disclosed under non-disclosure agreements, or internally within a business, are not prior art resulting in a loss of patent rights.

The patent examination process begins with the filing of a non-provisional patent application. Once filed, an application will typically enter into examination within 9 and 18 months. Depending upon the results of this examination, at least one response will generally be filed to overcome rejections made by the examiner. If the invention is patentable, a patent will generally issue between 2 and 4 years after the filing of the application as described in article.

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