Protect
What's
Yours.

Before anything else, you need a clear, dated, witnessed record that proves you are the inventor and establishes when you conceived the idea. This protects you if your priority date is ever challenged in litigation or interference proceedings.

• Start a dedicated Inventor's Notebook — bound pages, dated entries, witnessed signatures on every page
• Take timestamped photographs of prototypes, sketches, and equipment configurations
• Write the problem solved, how your solution works, and why it's different from everything existing
• Have a trusted, non-inventor witness sign and date each entry — someone who fully understands but did not conceive the invention
• Upload everything to your BLK:INV Document Vault immediately — this triggers a blockchain timestamp

Not all intellectual property is protected the same way. Before filing, determine which type of protection fits your invention, your budget, and your long-term commercial goals. The wrong choice can leave you exposed.

• Utility Patent — Protects how something works or is used. Most common. 20-year term from filing date.
• Design Patent — Protects the ornamental appearance of a functional item. Faster to grant, 15-year term.
• Provisional Patent Application — Not a patent, but secures your priority date for 12 months at minimal cost.
• Trade Secret — No filing required. Indefinite protection if confidentiality maintained. Best for formulas, algorithms, processes.
• Copyright — Automatic protection for creative works, software, artistic elements. Register at copyright.gov for full legal enforcement.
• Trademark — Protects brand names, logos, slogans. Register at USPTO TEAS portal. Renewable indefinitely.
• PCT International Application — One application, 150+ countries, 30 months to decide national phases.
• Blockchain Proof of Existence — BLK:INV Chain ID creates an immutable timestamped record even before patent filing — useful for investor NDAs and licensing.

A Provisional Patent Application (PPA) gives you 12 months of "patent pending" status at a fraction of the cost of a full application. It's the most important step for inventors who need time to develop, secure investment, or get to market before committing to the full application.

• Write a clear description of how the invention works — formal claims are not required in a provisional
• Include drawings — informal hand-drawn sketches are acceptable at this stage
• File via USPTO EFS-Web directly, or through MADE CX assisted service
• Pay the government filing fee (micro-entity rate: ~$160 / small entity: ~$320)
• You now have exactly 12 months to file your non-provisional — set a BLK:INV deadline reminder immediately

This is the full patent application that begins formal USPTO examination. Every word in the claims section defines exactly what you legally own — this is the most critical document in the entire process. Weak claims mean weak protection.

• Specification — Background of the invention, summary, detailed description (enabling disclosure), abstract
• Claims — Independent claims (broadest scope) and dependent claims (narrower fallbacks) defining your legal scope
• Formal Drawings — Must comply with USPTO rules (37 CFR 1.84) — professionally prepared, black and white, specific line weights
• Inventor Declaration — Signed oath or declaration from all named inventors (AIA form)
• Information Disclosure Statement (IDS) — All known prior art disclosed during search phase
• Filing Fees — Basic fee + excess claims fee + search fee + examination fee

Recommendation: Have a registered patent attorney or MADE CX review your claims before filing. Overly narrow claims fail to protect your invention. Overly broad claims invite rejections. This balance requires expertise.

After filing, your application enters a queue to be assigned to a USPTO Patent Examiner. The wait is typically 12–36 months. Once assigned, the examiner conducts a prior art search and issues their findings as an Office Action.

Common rejection types you must respond to:

• 35 USC 102 — Anticipation: Examiner found a single prior art reference showing your exact invention. Response: clearly distinguish your invention or amend claims to differentiate.
• 35 USC 103 — Obviousness: Combination of multiple references renders your invention obvious to a person of ordinary skill. Response: argue unexpected results, teaching away, or long-felt need.
• 35 USC 112 — Written Description / Enablement: Your specification doesn't adequately describe or enable the claims. Response: clarify without adding new matter (prohibited).
• 35 USC 101 — Subject Matter Eligibility: Common for software and biotech. Your invention must be more than an abstract idea. Response: add specific technical implementation details.

You have 3 months from the Office Action mail date to respond at no extension fee. Extendable to 6 months with escalating fees. Missing the deadline permanently abandons your application.

Once the examiner finds your claims allowable, you receive a Notice of Allowance. Pay the issue fee within 3 months and your patent grants within 2–4 weeks. Your patent number is now yours — no one can legally make, use, or sell your claimed invention in the US without your authorization.

Maintenance fees — required to keep your patent alive:

• 3.5 Year Fee: ~$800 large / ~$400 small / ~$200 micro — due between 3yr and 3yr 6mo from grant date
• 7.5 Year Fee: ~$1,800 large / ~$900 small / ~$450 micro — due between 7yr and 7yr 6mo
• 11.5 Year Fee: ~$3,700 large / ~$1,850 small / ~$925 micro — due between 11yr and 11yr 6mo

Missing a maintenance fee permanently expires your patent. It falls into the public domain. BLK:INV sends automated maintenance fee reminders. Your patent term is 20 years from the non-provisional filing date, subject to any Patent Term Adjustments granted by the USPTO.