What is the first step in obtaining a patent?
The first step should be to ensure that the invention is formally documented. The United States has a ‘first to invent’ patent system, as opposed to most other countries who have a ‘first to file’ system. In the U.S. if two inventors try to obtain patent protection on the same basic invention, it is the one who can prove he/she was the first to conceive the invention who will obtain the patent. Therefore, an inventor should keep a notebook or other written document (Invention Disclosure) of what the invention is, when it was invented, basically how it works, how it can be used, why it is useful, diagrams and sketches, etc., and have the document witnessed and dated under the words ‘WITNESSED AND UNDERSTOOD’ by two reliable friends who can understand the principles of the invention. The inventor can also submit the invention disclosure to the PTO Document Disclosure Program, where it will be retained for up to two years pending the submission of a patent application.
