How to Get Back on Top of Things With an ITC Patent Lawyer

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How to Get Back on Top of Things With an ITC Patent Lawyer

Established in 1984, Invent Help is an unparalleled resource for inventors, both new and old, on their way towards patenting and established concepts. They have local sales offices in more than 65 cities in the U.S. And Canada. They also have national sales headquarters in New York and Paris. Their inventorship strategy encourages first bringing to market ideas that have been considered too risky or unprofitable by early developers and/or new invention idea.

Many times I have been asked, "Why should I bother going to Invent Help if my idea is likely to be rejected?" I hear these thoughts from a number of inventors whose idea hasn't been "heard back" by the Patent Office. Often it is simply a matter of re-thinking the "what if" questions: how will our product or process be different, how will we present it differently, etc., and adding that to an overly broad patent becoming an inventor.

You may have heard, it is not unusual for a great idea to be submitted to the Patent Office with an invention date of 26 months from invention. If you are lucky, the USPTO Staff will be willing to take your "great idea" in October of 2021 with a filing date of January of 2021. Unfortunately, this is very rare. Many inventors do not obtain the support they need from the USPTO before submitting their patent applications in order to obtain full protection.

When inventors come to us seeking help in overcoming their challenges in filing their patent applications, we first review the proposed invention and its relative documents and determine if there is any chance of successfully submitting it before the January 2021 submission date. If necessary, we will prepare and submit the invention to the USPTO for patent consideration under the guidelines set forth in the "opaq" document along with the InventHelp inventor service reviews description of the invention. (see attachments).

For example, the proposed invention relates to a computer program. Assuming this is the case, we have two options for assisting the client in getting a US patent examiner to accept this application. Option one is for the client to prepare and submit a letter accompanied by a detailed description of the invention to the Patent Office, stating why the invention is unique and having enough detail to enable the patent to be accepted. Option two consists of having the client submit a Verified Review Request to the Patent Office that contains a detailed description of the claimed invention along with a letter from a qualified third party, also referred to as a "verified reviewer" who is familiar with the product or technology being challenged. The "verified reviewer" will then perform an initial examination of the invention to make sure it meets the requirements set forth in the "opaq" document. If the verified review indicates that the invention is patentable, the client will receive a request for an examination by the examiner.

If the Examiner finds the invention to be eligible for patenting, he will assign an examiner to the case. He will notify the client that a " Examiner's Note" has been filed with the Patent Office. The client should promptly send a letter to the Compliance Manager expressing his intent to have the matter reviewed by the Examiner. A qualified person (such as a former Compliance Officer) may be called on to participate in a conference call with the Compliance Manager to discuss the case, gather information and prepare and file any appropriate documents.

On the conference call, the Examiner will ask questions about the invention and will review the complaint if the complaint has been received. If the complaint has not been received, the Compliance Manager will call the client and explain that the complaint has been received and is under review. The Compliance Manager will then instruct the client to attend a conference call with the person assigned to the case (usually an examiner) to discuss the complaint. The client may attend if he or she desires.

After the conference call, the Client will probably be instructed to attend a short private meeting with the patent attorney and will be provided with a check for the amount of money back he or she is owed. Most attorneys will require the client to sign a form acknowledging receipt of the check and a date by which the money back will be paid. The client must then provide a few additional details, such as a scanned paycheck stub or a copy of his or her 1099-C form tax statement. In some cases, the client may be asked to supply certain information about the invention. There are usually no strings attached; however, it never hurts to get back on top of things so that you know what is going on and to avoid potential issues in the future.