The United States works differently than other countries
when it comes to giving patents. In the U.S., it doesn't necessarily matter who first applied for the patent (the process may take up to a year to complete).
What does matter, however, is who came up with the original composite for the invention first. If an inventor can prove that s/he came up with a tangible product before someone else, then they will be granted the right to the patent.
It's best, given the information above, to sketch your idea
for a product with descriptions on how it works. Then, the inventor, along with two witnesses should sign and date it in front of an official notary.
Following, keep the composite in a safe location while you
are applying for the provisional or regular patent, while working on your invention.
A provisional patent application from the U.S. Patent and Trademark Office provides a confirmation to the date when the invention was first invented, or when the composite was completed. This way the inventor doesn't have to necessarily have completed the invention in its entirety.
The inventor needs to file a regular patent application
with the USPTO within one year of the provisional
application.
An inventor, once ready to fully patent his invention, may
have to hire an official patent attorney or agent. Then,
the patent attorney or agent can conduct a search which
checks to see that the invention is original, and that it hasn't already been filed. Once the uniqueness of the new invention is confirmed, the inventor has to fill out a specification (or description), two or more composites and an official claim form.
Once the application is received at the Patent and
Trademark Office, an examiner will complete another search
of records to be sure that the invention hasn't already
been patented. If there are no problems, the inventor will receive a "notice of allowance". This means that the inventor will soon receive his/her patent number once certain fees are paid in full.
If there are problems with determining the original quality
of a product or composite, then appeals can be made within
the Board of Patent Appeals and Interferences. Following,
if this proves no avail, claims can be taken to court.
