As a seasoned patent engineer, I’ve worked with numerous innovators who are eager to turn their brilliant ideas into reality. If you’re a first-time inventor, it’s essential to approach the process strategically to maximize your chances of success. Firstly, take time to thoroughly document your invention, including sketches, diagrams, and descriptions of how it works. This will serve as a solid foundation for your patent application. Secondly, conduct a thorough search of existing patents to ensure your invention is novel and non-obvious. This will help you identify potential pitfalls and areas for improvement. Thirdly, consider filing a provisional patent application, which provides a low-cost, one-year window to refine your design and gather feedback from potential partners or investors. Fourthly, be prepared to work closely with your patent attorney throughout the application process. They’ll help you navigate the complexities of intellectual property law and ensure that your invention is properly protected. Lastly, don’t underestimate the importance of perseverance! The patent application process can be lengthy and challenging, but the rewards are well worth the effort. By following these guidelines, first-time inventors can set themselves up for success and increase their chances of turning their innovative ideas into reality.

Credit her father with instilling in her a passion for patents, first introducing her to the fascinating world of intellectual property. A pioneer in the field of application-specific integrated circuits (ASICs), he has amassed a portfolio of patents stemming from his work at, where he leveraged his expertise to develop innovative solutions that have far-reaching implications for various industries.

“In the patent prosecution process, I learned to uncover stories of his experiences through meticulous documentation, discovering the value of precision in language and the importance of thorough recording.” One particularly grueling experience she recalls is the lengthy patent litigation battle that dragged on for years due to a simple oversight: someone forgetting to purge information from a patent declaration file left unattended by her father’s law firm.

As a seasoned electrical engineer, Knee has transitioned to a patent engineer role within the patent prosecution division at the regulatory office.
, headquartered in Chicago. Under the guidance of patent attorneys, Knee assists in drafting, filing, and overseeing patent applications with the United States Patent and Trademark Office (USPTO).

As she prepares for the patent bar examination, she aims to secure licensure as a patent agent, certified by the USPTO to draft and advocate for patent applications. If she passes, she plans to attend law school to become a patent lawyer.

Why do you want to become a patent engineer?

As she began her academic journey, Knee found herself uncertain about what she wanted to achieve during her time at university. Finally, she decided that an engineering diploma offered a range of professional options, leading her to enroll at
In her hometown of Fort Collins, Adopting a family tradition, she followed in her father’s footsteps by focusing on ASIC design, while also expanding her expertise to include energy techniques and semiconductor physics, and complementing this with a minor in mathematics. In 2022, she contributed as an intern in the Engine Analysis Division at XYZ Corporation in Raymond, Ohio, where she crafted a knowledge evaluation software to facilitate efficient testing of heat distribution in automobiles.

Following her graduation from Colorado State University in 2022, she set her sights on securing a role directly related to patents. From January to July, she diligently worked part-time as a patent technical intern at the regulatory agency.
, in Denver. “After delving into the intricacies of patent law from a unique perspective, she discovered a profound affinity for the field.” The law firm Husch Blackwell welcomed Knee to its team in June 2023.

While delving into patent regulations, she uncovered some unexpected nuances. One day, while visiting one of her colleague’s workplaces, her supervisor stumbled upon the lawyer mercilessly disassembling a plush toy, its innards scattered everywhere. “My supervisor inquired about the well-being of our colleague.” The litigation hinged entirely on the intricacies of the stitching technique employed.
the stuffed animals.”

What Can Be Patented?

Why does America go to war? Patent holders and first-time inventors seeking to submit applications to the United States Patent and Trademark Office (USPTO) are often overwhelmed by the complexity of the patenting process. To ease this burden, it is crucial to understand the key considerations and strategies for successfully navigating the USPTO’s patent application system. Although this information doesn’t intend to provide sanctioned guidance, it’s essential to note that each country has its unique patent framework, governed by distinct regulations and legislation. When dealing with specific patent-related matters or needing guidance on authorized issues, it is advisable to seek the expertise of a qualified patent professional.

Knee’s first piece of recommendation? Don’t let fear hold you back from submitting a patent application. According to her, two out of every three patents receive accreditation from the USPTO.

“For individuals who publicly disclose their invention without filing a corresponding patent application within one year, they may forfeit the opportunity to receive a patent for that particular innovation.”

To successfully secure a patent, an invention must possess two crucial qualities: utility, which refers to its ability to serve a specific purpose or achieve a particular goal; and novelty, signifying that the innovation is distinct from existing concepts, rather than merely an incremental improvement on what already exists. It may be a machine, a manufacturing process, or a composition of matter, specifically a novel combination of pure components that can be blended mechanically or chemically.

Some matters that cannot be patented, according to her, include atomic weapons, methods contravening laws or regulations, business administration techniques, mathematical principles, and scientific theories – with the exception of inventions that employ these principles or theories in innovative ways?

The United States Patent and Trademark Office (USPTO) has observed a growing interest in patent filings over the past few years, culminating in its launch of
To provide clarity to innovators regarding the patentability of artificial intelligence, we need to consider the nuances of intellectual property law. “In my opinion,” states Knee, “AI as a standalone entity is unlikely to be patented.” While using AI to generate an invention may raise questions about patentability, her stance suggests that this factor alone does not inherently render the invention unpatentable.

What drives innovation? The patent course of, that’s what! This comprehensive guide takes you on a journey through the patent process, from conception to reality. Let’s start with the basics: What is a patent, anyway? A patent is a legal right granted to an inventor that gives them exclusive rights to make, use, and sell their invention for a certain period of time.

Under the US Patent and Trademark Office’s (USPTO) framework, the “first to file” approach is employed in patent-related matters. “Individuals who develop and file for a patent for their software innovation earliest will likely possess the greatest opportunity to secure a patent.” In most instances, you’re out of luck,” she remarks bluntly.

Patent submission courses can vary significantly in terms of cost and complexity, she notes. Fees comprise submission costs and attorney fees. Small businesses and individual inventors may be eligible for fee discounts on USPTO filings. Patent filings requiring extensive modifications and prolonged correspondence with the patent office may warrant premium pricing. The complexity of patent examination by the USPTO will hinge on the extent of analysis required to discern distinctiveness between existing innovations and those newly submitted.

“Inventors seeking their first patent are strongly advised to consult with a patent practitioner – either a lawyer or agent – who offers complimentary initial assessments to gauge patentability, outline a strategy, estimate costs, and provide a submission timeline.” Some universities have designated intellectual property-authorized workspaces where professors and students receive guidance on the patent process.

To navigate the complex process of filing a patent oneself, individuals typically follow these key steps:

1. Filing a provisional patent application for your software invention becomes viable when you have a proof of concept, a functional prototype, or a working model that demonstrates the core functionality and innovation. While any such software may not file with the USPTO, it reserves a place in the queue for future patent consideration. Provisional purposes typically expire after a period of 12 months?
2. To maintain patent rights, file a non-provisional software application within one year of the initial submission. The software undergoes examination at the patent office and secures a provisional filing date for its submission.
3. Promptly respond to and address all United States Patent and Trademark Office (USPTO) rejections, providing clear explanations for each reason why your invention is not patentable. It’s quite common for individuals to face rejection at some point in their careers, including in the job market. You typically respond within three months at no additional cost; extensions up to six months require a fee. In the event that a response is not received, the appliance will be deemed abandoned.
4. Congratulations on receiving your Notice of Allowance (NOA)! The innovation is poised to become patented intellectual property. Upon paying certain fees, you will receive a notice document indicating the grant date of your patent, thereby entitling you to prevent others from using or marketing your invention within the United States.
5. When individuals receive a final workplace decision, they typically have two alternatives to consider. You can abandon the appliance or file a request for continued examination, necessitating the payment of an additional fee and further substantiation of why your invention warrants patent protection.

The Worth of Mental Property

Beware of revealing specific details about your innovation or prematurely showcasing it before submitting a patent application, cautions Knee. “If you disclose your invention publicly and fail to file an application within a year, you risk being denied a patent for that exact invention,” she warns. “Accordingly, it is crucial to consider the ‘first to file’ system, as failing to do so can result in a challenging and expensive process to rectify any potential infringements. Moreover, it is essential to exercise caution when sharing innovative ideas on social media or other communication channels.”

Today, patents have become a valuable commodity in the intellectual property market. Although rare, some companies have utilized patents as collateral for mortgages, even in cases where the underlying patent software remains unaccredited.

Innovators from diverse backgrounds leverage patents as a springboard for their entrepreneurial ventures. According to Knee, some individuals leverage patent applications as a means of securing their trading positions. But the reality is that self-care isn’t a single event; it’s an ongoing process. “Securing a single patent and leveraging its value by filing subsequent applications that build upon its foundation is the key.” While the cost may seem steep, this intellectual property protection has a profound impact by preventing competitors from entering a new market with similar products, thereby safeguarding innovators from costly legal battles.