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Patents

A patent is a right, granted by the United States to an inventor, excluding others from making, using, selling or importing an invention without the inventor's consent.

There are many ways to financially benefit from a patent. Your patent may be sold for monetary gain. You may also license your patent for a percentage of the sale price. You may also be the exclusive manufacturer of your invention.

Click here for a complimentary Patents Assessment


KNOW MORE ABOUT PATENTS
The Patent Application Process
The Patent Process
Marketing Your Patent
Our Patent Team
Patent Terminology

The Patent Application Process
How many times have you heard about an Invention idea that you thought of well before it was patent protected?

Thousands of patents are submitted to the United States Patent Office each week by inventors keen on profiting from their unique idea.

According to the "American Intellectual Property Law Association AIPLA Economic Report of Survey 1997" the Overall Average Cost of Patent Application $10,400.00.

At AVITA we designed a Patent Research Team because we were frustrated with the cost associated with the Patent Industry. Inventors were seeking our firm out after spending more than $ 15,000 on a Utility Patent application only to have the invention sitting on their shelf collecting dust.

The problem we saw was that inventors were getting patent protection on an invention that may not have any market feasibility once it has been protected.

Our goal at AVITA is to provide each inventor with an understanding of the Patent Process.


The Patent Process
AVITA goes through a five-step process to obtaining a Patent Issuance:

Assessing the Idea: Our team of experts will review your ideas with a complimentary assessment and provide feedback on your invention

Formal Patent Search: A patent search to determine prior art that may exist showing a similarity with your concept will be conducted by a patent researcher.

Preparing/Filing the Patent Application:
Preparing a Utility or/and a Design patent application will be assessed. Included in the preparation are the USPTO application fees and formal patent drawings.

Prosecuting the Patent:
Once the application is filed, it is “Patent Pending” and enters a prosecution phase. In the prosecution phase, each Official Action issued by the USPTO generally results in the need for an Amendment to the application to be prepared. If the prosecution phase is successful the USPTO will issue a Notice of Allowance.

Patent Issuance:
Once the patent has issued the USPTO requires that maintenance fees be paid at periodic periods.


Marketing your Patent
Once the invention has received “Patent Pending” status or has been formally issued, there are four steps to marketing your Invention.

Design Development- The purpose of the Design Development phase is to explore design options, and settle on the one that functions best, is easiest to use, simplest to produce, and most attractive to market.

Design Documentation- When the design concept has been finalized, each component must be defined in detail for production. Engineering drawings, component specifications, and electronic schematics must be created.

Fabrication Step-
All final engineering drawings, electronics schematics, components sources, material specifications, and any other information necessary to produce the design are gathered together into a final fabrication package. This is the information manufacturers will need to give actual production bids.

Sales-
AVITA brings products to market through sound evaluation and testing including; manufacturability assessment of the prototype design and marketability assessment. This includes a detail marketing plan customized for your specific invention.


Our Patent Team
At AVITA we formulated a Patent Research Team that would address the entire invention process; from the idea stage to the marketing stage. On our team we included a Patent Researcher, a US Registered Patent Agent, a Structural Designer, and a Marketing Consultant.

We chose to work with a US registered patent agent because similar to a patent attorney they are qualified to prepare, submit and prosecute patent applications to the US Patent Office. The difference is in the cost involved in utilizing the services of a standard patent attorney and attorneys can litigate on your behalf in court if the need should arise to legally protect your patent.


Patent Terminology
Patent
A patent is a right, granted by the United States to an inventor, excluding others from making, using, selling or importing an invention without the inventor's consent.

Patent Agent
A patent agent is a person licensed to represent inventors in front of the US patent office. They prepare patent applications, file patent applications and negotiate with the patent office to get patents allowed. An attorney is not required.

Patent Attorney
Patent attorneys are patent agents that have passed a State or Federal bar exam. Patent attorneys can file lawsuits. Patent agents cannot. The US patent office, however, makes no distinction between a patent agent and a patent attorney.

NOTE: Both patent attorneys and patent agents are registered with the PTO, and are fully authorized to prepare patent applications and obtain patents for their clients. Though, Patent agents usually charge much less for their services.

Patent Search
A formal search conducted by a patent researcher to determine any prior art/inventions that that may exist that show a similarity with your concept.

Patentability Opinion
A professional patentability opinion by a Registered Patent Attorney upon review of prior art that determines whether or not your invention is patentable.

Patent Application Process
The formal preparation of a utility or/and design application.

Utility Patent
A patent that protects the functional aspects of an invention. Utility Patents are granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matters, or any new useful improvement The term of a utility patent is 20 years from the date of filing.

Design Patent
A patent that protects the overall appearance of an invention and is granted for any new, original and ornamental design for an article of manufacture. The term of a design patent is 14 years from the date of issuance.

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