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What is involved in preparing the patent application?
An inventor describes the invention to a patent professional, attorney or agent, and the professional drafts an application. This is typically done in the first meeting. You should request the firm representing you to sign a non-disclosure/non-compete agreement to protect your interests before disclosing the invention. Contracts are much easier to enforce than Rules of Professional Conduct, fiduciary duty rules or other areas of law that some firms will ask you to rely upon.
The patent lawyer or agent prepares the application based upon the inventor's description and models if available. This application is sent to the inventor for review. The inventor should be sure all information is disclosed and that the content is correct. The professional has the changes made to the application and sends out the application for signatures. The professional files the signed application with the USPTO. Formal drawings may be filed at this time or after the USPTO sends out the Notice of Allowance.
The inventor needs to identify all prior art, related products or methods known to the inventor at the time of filing. These need to be filed or the validity of any patent ultimately received can be jeopardized.
Updated: 11/12/99
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