Inventors kits – Inventor’s Initial Questions – Part 1

Inventor questions following review of patent search to determine what an Inventor should do at this point.

QUESTION: If I (Inventor) hire a patent attorney to do the patent application for me, can it be filed with the USPTO as soon as you are done and would I be able to use the statement “patent pending”?
ANSWER: Yes – upon filing your patent application you are officially “patent pending”.

QUESTION: Once the patent application is filed and I (Inventor) have “patent pending status,” can I (Inventor) go forward with manufacturing, marketing and sales of my product?
ANSWER: Yes, provided the product being manufactured, marketed and sold is covered by the figures and written description of your patent application. All design changes should be reviewed for protection under the patent application before disclosing to a third party.

QUESTION: Is it possible to sell a product through major retailers while the patent is pending?
ANSWER: Yes you can license or assign the rights under a pending patent application; however, true rights such as enforcement rights come about when the patent issues as a full patent.

QUESTION: If it is found that I (Inventor) cannot be granted a patent or more work is needed for approval by the US Patent Office, can I determine at that time whether or not to pay the additional fees or to pursue further action?
ANSWER: Yes each step of the process is voluntary and I will quote in advance the fees and attorney cost needed to complete each step.

QUESTION: How soon would you expect additional fees would be needed after the filing of the patent application, if that is the case? Would it be around 18 months, the time that the patent gets published?
ANSWER: The next step after the filing a regular patent application is responding to an office action (typically 18-24 months from filing). An office action is a response by the US Patent Office as to whether they accept, object or reject the claims of your invention. A response to this Office Action is required by you the Applicant through your attorney.

Inventors Kits – Inventor’s Initial Questions – Part 1