Lynch LLP publishes a simple guide to applying for utility patents


Applying for your first, second, or even third patent can be confusing. Lynch LLP has compiled a simple guide for filing a utility patent application.

An essential step in the process is to determine whether your invention can be patented or not. We recommend that you ask yourself several questions before filing a patent application to ensure the smoothest process.

– Sean Lynch

CALIFORNIA, USA, September 15, 2021 / – According to the United States Patent and Trademark Office, “To protect your invention, you may need a patent, a trademark, copyright, marketing plan, trade secrets, or some combination thereof. Before you start preparing for a patent, find out if you really need a patent or other form of intellectual property protection.

“An essential step in the process is to determine whether or not your invention can be patented,” said Sean Lynch, partner at Lynch LLP. “We recommend that you ask yourself several questions before applying for a patent to ensure the smoothest process and the best outcome for you. . ”

Lynch LLP recommends that clients consider the following questions before filing a patent application:

– Who can file a patent?
– What can and cannot be patented?
– How do I know if my invention is patentable?
– How long does patent protection last?
– How much does it cost to get a patent?

Next, it is important to research whether your invention has ever been publicly disclosed. If you are not used to doing patent searches, a lawyer or registered agent is recommended for this. They can also help you determine which type of patent best suits your needs (utility, design, or plant).

The US utility patent (non-provisional) is filed with the USPTO.

When it comes to pursuing a US utility patent application, once the application is filed, it will be assigned to an examiner, starting the prosecution phase. If international protection is important to you or your business, note that you have one year from the earliest filing date of an application to file international (PCT) applications that claim priority over this utility application. .

Once reviewed, the USPTO sends office actions indicating the reasons the patent is not ready for clearance.

During the prosecution phase, the USPTO will send ex officio documents to your attorneys explaining why your patent is not yet eligible for admission. One of the most common reasons is the existence of “state of the art” (eg, publicly available documents, including patents and patent applications) that prevent acceptance. This begins an iterative process of modifying the claims and presenting arguments as to why the modifications are not taught in the prior art. Each time you submit a response to a desktop action, you may receive another desktop action.

There is no set number of Office Actions you will receive, and there is no guarantee that your patent will ever exit this phase – but the best way to maximize your chances is to use a good lawyer to help you. get out of this cycle and get an allocation notice.

Allocation and issuance
Within 30 months of the initial filing, choose the countries in which to work for foreign patent protection.

Once an examiner is satisfied that your claims are not taught anywhere in the prior art (or that you have satisfied any other requirement presented to you in the actions of the office), you will receive a notice of admission.

Before paying your issuance fees, we generally recommend that you file a continuation request. Ask your lawyer if this strategy is right for you.

About Lynch LLP
Lynch LLP helps clients large and small to protect their inventions in a wide range of practice areas. We have specialized expertise in a wide range of technical areas and focus our practice on providing strategic advice and services, including patent prosecution as well as strategic patent advice. We also have experience in authorization research, prior art research, product licensing, as well as litigation and enforcement of patents and other intellectual property rights.

Lynch LLP’s patent attorneys have a focused technical training that gives us the breadth of scientific knowledge to draft patent applications that not only capture a new and novel invention, but also create a framework of coverage extending to- beyond the exact limits of the invention. We combine our experience as patent attorneys with our experience in patent litigation to prepare and file patent applications of all types that are created to withstand scrutiny and maximize enforceability. Our expertise extends to the negotiation and drafting of license agreements.

We have experience representing plaintiffs and defendants in a wide variety of proceedings before the courts and the USPTO, developing patent strategies that complement and advance the business interests of our clients.

We have experience filing utility and design patents to protect all aspects of your invention. Visit Lynch LLP at to set up a free consultation.


Lynch LLP Spokesperson
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