Introduction
Deon Ventures is in the business of making one stop shop app, which is a mobile fitness app that has several functionalities in one. The innovation is considered unique and one of a kind in the market, which necessitates the need for applying for patent protection. The following are the steps that Deon Ventures will take to protect its innovation.
Step 1: Determining the type of IP
The first step that Deon Ventures will take is to determine the kind of protection needed, whether trade secret, marketing plan, trademark, patent or a combination of these.
Step 2: Determining if the invention is patentable
Once Deon Ventures determines that it needs to protect its innovation in the form of a patent, the management will go through the United States Patent and Trademark Office website page and review some of the frequently asked questions to have basic knowledge and idea of what it is like to obtain a patent. Some of the frequently asked questions are such as how to apply for a patent, the cost of getting a patent and details on what can and cannot be patented. This step also entails searching to see if the invention has already been publicly disclosed since a patent cannot be granted if an invention has already been publicly disclosed (USPTO, 2020). This stage might require the services of agents and attorneys who are licensed to practice before the United States Patent and Trademark Office.
Step 3: Determining the kind of patent needed
This step entails determining the kind of patent that Deon Ventures needs, whether plant, design or utility type of patent. In this case, the business will adopt the utility kind of patent that is given to people who discover new and useful process or improvement thereof (USPTO, 2020).
Step 4: Getting ready to apply
This step entails the consideration of whether to procure the services of a legal professional and the kind of fees to be paid. Hand delivery or mail applications for small entity are filed at a cost of $200. However, the $200 filing fee may be avoided if Deon ventures obtains a Customer number and a Digital Certificate to file online. Other fees are patent examination fee for small entities which is $400, post allowance utility fee which is $600, patent extension fees of $110 and patent maintenance fees at 3.5 years amounting to $1,000, $ 1,880 for 7.5 years and $3,850 for 11.5 years (USPTO, 2020). This step also entails determining whether the patent will be provisional or non-provisional. Deon ventures will apply for a provisional application which is quick and low-cost.
Step 5: Preparing and submitting the initial application. This step involves submitting the initial application with all the required parts required to obtain a filing date and inclusion of the correct fee (USPTO, 2020).
Step 6: working with the auditor. This is the stage at which deficiencies will be notified if the application is incomplete. A time period is given to complete the application, for which a surcharge may be needed. If the deficiencies are not corrected within the specified time, the application is returned alongside the filing fees less a handling fee. If the application is accepted as complete, it is assigned for examination. If the examiner considers the application as still not meeting the requirements, the venture will have the opportunity to make amendments or contest the objections. If the business does not respond to the examiner’s requirements on time, the application will be abandoned (USPTO, 2020).
Step 7: getting approval. Deon Ventures will receive a Notice of allowance if the examiner establishes that the application meets the requirements.
Step 8: maintaining the patent. This is the last stage that entails payment of maintenance fees and checking the status before the patent expires.
Deon Ventures is in the business of making one stop shop app, which is a mobile fitness app that has several functionalities in one. The innovation is considered unique and one of a kind in the market, which necessitates the need for applying for patent protection. The following are the steps that Deon Ventures will take to protect its innovation.
Step 1: Determining the type of IP
The first step that Deon Ventures will take is to determine the kind of protection needed, whether trade secret, marketing plan, trademark, patent or a combination of these.
Step 2: Determining if the invention is patentable
Once Deon Ventures determines that it needs to protect its innovation in the form of a patent, the management will go through the United States Patent and Trademark Office website page and review some of the frequently asked questions to have basic knowledge and idea of what it is like to obtain a patent. Some of the frequently asked questions are such as how to apply for a patent, the cost of getting a patent and details on what can and cannot be patented. This step also entails searching to see if the invention has already been publicly disclosed since a patent cannot be granted if an invention has already been publicly disclosed (USPTO, 2020). This stage might require the services of agents and attorneys who are licensed to practice before the United States Patent and Trademark Office.
Step 3: Determining the kind of patent needed
This step entails determining the kind of patent that Deon Ventures needs, whether plant, design or utility type of patent. In this case, the business will adopt the utility kind of patent that is given to people who discover new and useful process or improvement thereof (USPTO, 2020).
Step 4: Getting ready to apply
This step entails the consideration of whether to procure the services of a legal professional and the kind of fees to be paid. Hand delivery or mail applications for small entity are filed at a cost of $200. However, the $200 filing fee may be avoided if Deon ventures obtains a Customer number and a Digital Certificate to file online. Other fees are patent examination fee for small entities which is $400, post allowance utility fee which is $600, patent extension fees of $110 and patent maintenance fees at 3.5 years amounting to $1,000, $ 1,880 for 7.5 years and $3,850 for 11.5 years (USPTO, 2020). This step also entails determining whether the patent will be provisional or non-provisional. Deon ventures will apply for a provisional application which is quick and low-cost.
Step 5: Preparing and submitting the initial application. This step involves submitting the initial application with all the required parts required to obtain a filing date and inclusion of the correct fee (USPTO, 2020).
Step 6: working with the auditor. This is the stage at which deficiencies will be notified if the application is incomplete. A time period is given to complete the application, for which a surcharge may be needed. If the deficiencies are not corrected within the specified time, the application is returned alongside the filing fees less a handling fee. If the application is accepted as complete, it is assigned for examination. If the examiner considers the application as still not meeting the requirements, the venture will have the opportunity to make amendments or contest the objections. If the business does not respond to the examiner’s requirements on time, the application will be abandoned (USPTO, 2020).
Step 7: getting approval. Deon Ventures will receive a Notice of allowance if the examiner establishes that the application meets the requirements.
Step 8: maintaining the patent. This is the last stage that entails payment of maintenance fees and checking the status before the patent expires.
