7 STEPS FOR PATENTING: Do you believe your brilliant new concept will succeed if it is implemented? Most likely, you’re considering how to prevent patent infringement. To help ensure the protection of your intellectual property (and your revenues), a strong procedure has fortunately been put in place.
The issue is that learning how to patent an idea, including the kind of patent you should obtain and the procedure for doing so, can be quite intimidating.
Just that will be covered in this post. You’ll discover the fundamentals of patent protection and how to launch your own patent application.
Describe a patent
A patent is a legal declaration that you are the exclusive proprietor of an invention for a given amount of time. You have the sole legal authority to make and sell that invention since you are its owner. The US Constitution grants the right to patent protection because it is fundamental to the American way of life.
How do patents function?
The United States Patent and Trademark Office (USPTO) receives the inventor’s initial patent application. Following approval, the patent holder is granted sole ownership of the innovation.
In essence, this means that for the duration of the patent’s validity, you have complete control over the invention’s production, application, and sale. The kind of patent and the location where it is granted are just two of the variables that affect this time frame. In general, most patents are valid for 15 to 20 years.
Three main categories of patents exist:
the design patent. A design patent is awarded to the creator of a brand-new, unique decorative design for a manufactured good. It pertains to original designs for products like consumer goods, apparel, or furniture.
patent for use. According to the USPTO, a utility patent is awarded to those who develop new, useful machines, processes, or compositions of matter, as well as any new, beneficial improvements.
Plant trademark. An individual who asexually reproduces a novel species of plant is granted a plant patent. Asexual reproduction denotes that the plant is created through processes other than seed germination, such as grafting or cutting.
Can an idea be patentable?
Ideas are not patentable. Only the physical manifestations of ideas—the machines and products—are patentable, not the underlying concepts, according to US patent law.
Copyright vs. a patent
Patents and copyright act as legal protections for intellectual property in the US. Despite the fact that they both safeguard creative work, they serve different purposes. While patents protect ownership of inventions like product designs or technology, copyrights protect ownership of creative works like books and art.
Seven stages to obtaining a patent
If you make sure to conduct your study, you should be able to manage your own patent application procedure. However, a lot of inventors find the procedure to be a little challenging and opt to work with a patent lawyer. If you want to complete the task as fast and with as little barriers and roadblocks as possible, hiring a patent lawyer can be a wonderful choice.
Let’s examine the fundamental steps.
Determine whether it is appropriate
A patent may not always be the best form of legal documentation to safeguard your intellectual property. For instance, a copyright may be a better option if your work is creative in nature. A trademark may be more appropriate if your intellectual property is a logo, brand name, or phrase.
Generally speaking, a patent is the best option for tangible goods, inventions, and designs. Consult a patent attorney for guidance if you’re having problems determining the kind of document you require.
Ascertain that it can be patented
It’s not a given that you can patent an idea just because you have one. Your invention must satisfy a few requirements in order to be eligible for the patenting process, such as:
Novelty. The invention ought to be brand-new, unheard-of, and secret. This basically means that it has never been patented previously, described in literature, utilized in public, or attempted to be sold.
Non-obviousness. An inventive step must be present in the invention. This implies that it shouldn’t seem like an apparent answer to someone with average or below-average skill in the area. Additionally, even if your idea is brand-new, it might not be patentable if a professional in the industry would not consider it novel.
Utility. In order to be used in an industrial setting, the invention must be useful and precise. In essence, it must fulfill a certain requirement or perform a specific task.
eligibility for the subject topic. The terms “subject matter” describe the categories of objects that can be patented. If your invention is not deemed appropriate subject matter, it will not be taken into consideration. Subject matter such as natural facts, laws of nature, abstract concepts, and artistic expressions are excluded. The determination of eligibility may also depend on the nation; for instance, some nations may not accept certain medical procedures or computer systems.
Find out about patents.
To ensure that your idea has not already been patented, conduct a thorough patent search on the USPTO website. It must be novel, as we already discussed. So you’ll have to start over if it’s already been done.
Select the type of patent.
The type of patent you choose will depend on the invention you’ve made. You might choose a design patent if you’ve created a novel design for a smartphone case that is visually distinctive. However, a utility patent might be the best option if you’ve created a revolutionary smartphone battery that charges in a matter of minutes because it protects the useful elements of your innovation.
Submit your application for a patent.
Visit the USPTO’s EFS-Web to initiate the formal patent application procedure and submit your patent application. You must make sure you adhere to all requirements and standards and pay the correct amount for the sort of patent you want.
A provisional patent application (PPA) or a regular patent application (RPA) are the two primary types of patents you can submit an application for. A PPA enables you to assert “patent pending” status, offering opponents without complete patent protection a 12-month window of potential discouragement. An experienced patent lawyer can help you navigate this procedure because it is typically less complicated.
As required, collaborate with your patent examiner
The patent office will get in touch with you and let you know what’s required if there are any problems with your patent application. Remember that there is a deadline for completing any required modifications.
After you submit your patent application, a patent examiner will get in touch with you to see if your invention qualifies for the kind of patent you requested.
Pay the required fees.
The USPTO will provide you a notice of permission if the patent examiner approves of your application. After that, you’ll probably have to pay an issue fee and potentially a publication cost before the patent is formally issued.
What you want to patent and the kind of patent you want will determine the substance of your patent application. It ought to contain:
description of a patent. This covers the title, function, elements, or steps of the innovation, as well as how they work together. You must also provide any drawings, describe how it is used, and mention any advantages or further applications.
Inventor’s plans. You need drawings if your patent isn’t for a method, mixture, or chemical substance. These ought to have clear names, incorporate all points of view, and be unambiguous. You may use line charts, sketches, pictures, or illustrations in your drawings.
Inventor details. You and any co-inventors should be listed in your application. Co-inventors are those who contributed to the invention’s creation. By providing these specifics, you can avoid legal problems or upcoming patent challenges.
Get a patent to safeguard your invention.
It’s worthwhile to at least consider patenting your innovative concept if you have one. In the long run, this can protect your company and make sure that only you are making money off of your intellectual property.
We advise dealing with a patent lawyer who can guide you through all the details you’ll need to complete the task successfully because this can be a complex affair.
How to get an idea patent FAQ
Is it difficult to patent a concept?
A patent application can be a difficult and drawn-out process. Given the complicated filing procedures, it’s simple to overlook important details or make mistakes. As a result, when submitting a USPTO patent application, you must pay particular attention and take your time.
How can an invention be patented in the best way?
Hiring a lawyer that specializes in patent filing is the best way to patent an innovation. As an alternative, you can consult the USPTO’s self-preparing patent application advice documents.
What is the price of a patent for an idea?
The USPTO registration could cost up to $900 depending on the type of patent. Separate examination costs of around $220 are assessed. Even a straightforward invention, such as a modest consumer good, can be patented for between $9,000 and $13,000 if you engage a patent attorney.
How long is a patent valid for?
A maintenance fee is required every 3, 3.5, 7, 7.5, 11, or 11.5 years, however a patent is only valid for 20 years.