Patent Application Criteria and Steps


If you have worked diligently and tirelessly to invent a new product or concept, you need to obtain a patent to protect yourself and your invention from others who may try to steal or copy your creation. A patent lawyer at Shaw Cowart in Austin, Texas can guide you in the process and ensure you receive the protection you need.

The International Patent Classification (IPC) system is administered by the World Intellectual Property Organization (WIPO). From the years 2000 to 2010, over one-million patents were obtained around the world. The IPC protects patent holders by ensuring that other patents are not granted that are duplicates.

Criteria for Patent Application

  • First determine if your invention is unique by searching the available database to see if your invention has already been patented. If it has not, you should start the patent process as quickly as possible. If a patent has already been granted to someone, you will not be able to obtain a patent.
  • Identify if your market is national or global. Seek the advice of a patent attorney at Shaw Cowart to help you with this process to ensure you obtain the right type of patent.
  • Make the decision of which type of application, provisional or non-provisional, before you begin the process. A provisional patent includes “patent pending” wording and can be processed in a faster manner. A non-provisional patent is much more detailed, but offers a greater level of protection.
  • You may be allowed to have accelerated examination to receive a patented status within one year of filing. The criteria for accelerated examination include:
    • Payment of all fees
    • Completed comprehensive application form
    • Able to conduct an interview with examiners
    • Confirmed research there are no patents already in existence

Help with the Patent Application Steps

Contact the Austin, Texas law firm of Shaw Cowart to ensure you follow all the proper steps in filing for your patent. Call today for a free consultation to protect your rights and your invention.