Mechanical patents allow inventors to retain exclusive rights to their new and useful inventions. A mechanical patent attorney can help with the application process, including completing an Invention Disclosure and conducting a patentability search. Once filed, the inventor receives “patent pending” status before a patent examiner reviews and approves the patent.
Inventors or scientists who create new machines or manufacturing processes may want to patent their discoveries. The type of patent they would use is called a mechanical patent. With a mechanical patent, the inventor may be able to retain exclusive rights to his invention.
To obtain a mechanical patent, an inventor will have had to create something completely new, as well as useful to an industry. In some areas, there are subjects that are not allowed to patent by law, such as mental acts. Once the patent is obtained, the inventor will have the right to use, make, sell and distribute his invention. No other person will be able to do it without the permission of the inventor.
A mechanical patent attorney can be used to obtain the patent. He or she can advise the applicant on the application process. At the beginning of this process, the inventor is typically required to complete an Invention Disclosure. This will include the name of the invention and the inventor, as well as the description, purpose, use, features, benefits and test results of the invention. May also request sketches or photos of the invention. Accuracy and specificity are important here, as these documents will be used to define the invention and to compare it with any suspected infringements.
Before the patent can be obtained, a patentability search can also be conducted. This will ensure that a patent has not already been filed for the same or a similar invention. Since the search usually takes a long time, many inventors choose to hire mechanical patent attorneys to conduct the search. If the invention in question does not already have a patent filed, the inventor can then usually file for a patent.
Once the patent is filed, the inventor receives “patent pending” status for his or her invention. While this does not grant the same protections that a full patent grants, it does give the inventor limited protection status. The patent pending state sends other inventors a warning not to use or claim the invention during its state. If they ignore the status, they may be liable to a fine under the law.
After the patent has been filed, a patent examiner will look into it. He or she can approve the patent without modification. The patent is often rejected, with modifications requested by the patent examiner. The inventor can then make an amendment, or change, and resubmit it for review. If the examiner finds no faults in the final modifications, the mechanical patent is usually granted.
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