We recognize that many small businesses and startups are on a budget, and we try to work with each client within their financial means, but there is a threshold minimum amount of money it takes to properly prepare a patent application. One way that some of our clients save money is by preparing the first draft of the "Detailed Description" that goes in the patent application. The Detailed Description is where you describe how to make and use your invention with enough detail so that someone of ordinary skill in the art could build the invention without undue experimentation. Think of the Detailed Description as a document that, if you had to hand it off to someone else, that other person could make and use the invention based on the Detailed Description without having to come back and ask you ANY questions. In fact, when preparing the Detailed Description, assume that the person you hand it off it is not even allowed to ask you any questions or get any clarifications. That should put you in the right mindset if you do decide to prepare the document yourself.
How does the USPTO determine if my invention is patentable?
An invention is patentable if it is new, useful, and nonobvious. A patent examiner will be assigned to your case, and that person will search for “prior art” such as previous patents, publications, white papers, journals, magazines, known products, etc., to determine if your invention is patentable. The patent examiner will analyze the prior art to determine whether anyone else has already invented the same thing (i.e., your invention is not new), or if your invention is a specifically suggested combination of things that have been done before (i.e., your invention is obvious). The USPTO will provide a written report, referred to as an Office Action, that details its reasoning for why or why not you should receive a patent for your invention.