If you are an inventor, entrepreneur, or in some other new venture business role in Colorado, you may have wondered what the process is like to secure a patent. It’s a key step to turning a great idea into a protected product. One of the most critical aspects of the patent journey is to engage in the patent interview with someone from the United States Patent and Trademark Office. With this, the next logical question becomes, what questions are asked in a patent interview?

The state of Colorado has a reputation for innovation. It’s been known to host a thriving tech sector and has quickly become one of the fastest quantum research hubs across the country. In fact, Colorado’s quantum technology sector has seen a 40% increase in the number of patents secured over the last decade. With this type of progress and competition, it’s important to work with a Denver patent lawyer and be prepared for every step of the patent process.

Common Questions During a Patent Interview

The patent interview is not designed to discourage innovators with a difficult step in the process. Rather, it should be viewed as a collaborative effort to help improve the quality of your application and give you a better chance at securing the protections you’re looking for. To successfully complete this step, you will need to be ready to defend your invention and show why it deserves this formal protection.

You should expect the interviewer to ask questions such as:

• Can you explain what makes your invention unique? This will be a huge central focus of the conversation. You should be prepared to describe how your idea differs from other inventions that are already available on the market. Examiners who conduct these interviews are trained to identify what is already on the market, so it’s your job to clearly articulate what sets the idea you’re proposing apart from the others.
• How does your invention function? You will need to articulate more than just the big picture of what you’re trying to accomplish with your invention. The interview will also investigate the more technical side of your proposal. Be prepared to walk through the steps, components, or systems that allow your invention to operate. This is huge, especially for inventions in sectors like biotech and software.
• What real-world problems does your invention address? The examiner will want to see that your invention solves a tangible issue that can be explained in plain terms, not just something that works in theory.
• Would you consider amending your claims? Sometimes, during the interview, it will become clear that some of the claims being shared are too broad, with other items that already have patents on the market. Because of this, your interviewer might ask if you are open to narrowing these down. This is an aspect of the collaboration that happens in these interviews.

If you can successfully answer these questions and work closely with your interviewer to rectify any issues, all of this can help to save you time and resources overall.

What to Bring to a Patent Interview

In 2022, the USPTO awarded 325,000 utility patents. Nearly half of these were granted to inventors based in the United States. This much potential for success highlights the need to be as prepared as possible for the process.

Here are some materials and strategies you should have on hand to remain ready:

• A copy of your latest application
• Summary of your prior art and how your invention is different
• Proposed claim amendments, if you have already thought of potential changes in advance
• Technical data, results, or diagrams to support your invention’s value
• Business cases to help the communication context

FAQs

Q: Are There Any Regions in Colorado that Stand Out for Innovation and Patent Activity?

A: Yes, there are many different parts of Colorado that have been recognized as hubs of innovation. This is especially true in the Boulder metro area. In fact, Boulder has ranked 3rd in the United States for venture capital invested per capita in 2021. This has created a strong signal from the area of its support for different startups and ventures. Being part of such a thriving ecosystem helps Colorado gain a strategic edge overall when entering the patent process.

Q: Do I Need a Patent Attorney to Attend the Interview With Me?

A: While there is no legal requirement to bring an attorney to your interview, most inventors will still choose to bring one out of precaution. With so much time and energy that has been invested into your product up to this point, any extra layer of security you can add to maximize your success is warranted. These professionals are more familiar with how to structure responses in this process than the individuals responsible for the innovation.

Q: How Long Does a Typical Patent Interview Last?

A: There is no set time for these patent interviews. The largest factor on time will be dependent on how complicated your innovation is and what issues need to be discussed. If amendments need to be made, this will lengthen your time together. The most effective patent interviews are ones that stay focused and leave with a clear path forward on what needs to happen next.

Q: What If I Disagree With the Examiner’s Opinion During the Interview?

A: It’s not unheard of for those pitching the need for a patent to disagree with the examiner during their interview. However, how you handle this matters greatly. For example, if you want to challenge a rejection, you need to come prepared with strong reasoning and supportive evidence for doing so.

Use this opportunity together to ask more clarifying questions to understand where they are coming from. Sometimes, disagreement can lead to a creative compromise.

Contact Four Reasons Legal Today

If you are in the process of pitching the need for a patent and would like some legal assistance, especially to help you with the interview, contact our firm today. We have already helped countless ambitious individuals secure the patent they were looking for and would be happy to help recreate the same success for you.