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Fastest way to get a patent

Asked almost 2 years ago - Costa Mesa, CA

Intellectual Property

fastest way to get a patent

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Attorney answers (3)

Daniel Nathan Ballard

Reputation Level 18

Answered almost 2 years ago. Intellectual Property Law Attorney in Sacramento, CA.

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1. Buy one.
2. Seek only design patent protection.
3. Use the Accelerated Examination process - See http://j.mp/9ozcmb .

You cannot be issued a useful patent w/o the assistance of a patent attorney. See https://oedci.uspto.gov/OEDCI/

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Pamela Koslyn

Reputation Level 20

Answered almost 2 years ago. Intellectual Property Law Attorney in Los Angeles, CA.

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Hire a good patent lawyer to evaluate your invention and its commercial potential, perform the necessary search, and prepare the drawings and application.

Take a look at the "DIY" guide linked below, and see how complicated this can get. Don't try to DIY.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Nolo - Patent it Yourself

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Scott D. Smiley

Reputation Level 3

Answered almost 2 years ago. Patent Application Attorney in Fort Lauderdale, FL.

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In addition to the accelerated examination process Daniel lists, there are several other ways to expedite the patent process. These are available by filing a Petition to Make Special, but it requires you to fit one of a very limited number of circumstances. The most common are petitions based on age (65 or older), infringement (someone is currently producing or using your invention AFTER you invented it), and manufacturing (you have a contract for a quantity of the items and resources to produce them but will do so only if you have a patent). The accelerated examination process may be your best bet though if you don't fall into one of the petition categories. There's just a lot of work upfront.

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