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Challenges at the USPTO

12/1/2011

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http://www.patentlyo.com/patent/2011/11/decreasing-patent-filings.html

It has never been "easy" to get a patent.  First, you must invent something and determine that it's novel, non-obvious, and useful.  Then, you must demonstrate those qualities in a written description that manages to both completely describe the invention and avoid touching on any existing patented material.  Next, you prosecute the patent with the various patent offices in countries where you plan to sell your product. 

That's the tricky part, really.  There are over 1 million patents backlogged at the USPTO.  They are in a hiring frenzy for new examiners, but there is still only so much even two thousand new examiners could do.  Patents and re-exams are filed by the hundreds every day, and each inventor wants the examiner to pay careful attention to their application.  It can take several years and thousands of dollars to get to the point where the USPTO says, "sorry, no patent will be issued."

It's a big risk for a small business!  But that doesn't mean it is a bad idea to try.  Going in with a full estimation of the time and expense will help you budget and prioritize which of your ideas need patent protection, and which ones can be protected by non-disclosure agreements or simply great customer service and marketing. 
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