How to get patent on idea21.07.2021
How to Get a Patent for an Idea in 13 Steps
Apr 15, · The first step towards getting a patent is to search the United States Patent and Trademark Office’s patent database to find similar ideas that have already been patented. On their homepage, hover over the “Patents” button and click on “PatFT.”. First, to begin patenting your idea, you must understand what a patent is. A patent is a legal grant or license from the USPTO that gives an inventor exclusive ownership rights to his or her invention over making, using, offering for sale, and selling the patented item or idea in the U.S.
Written by Ivan Kreimer April 15, Want a heads up when a new story drops? Subscribe here. Imagine you have a true million-dollar idea. You know, a real world-changer. What would you do? Bury all evidence in the woods behind your house? You might want to protect your intellectual property by getting a patent.
Consider the case of Elisha Gray, the inventor of an apparatus that could transmit speech electrically—the telephone. Doing so can protect your future business, make it easier to one day sell, and even make you ongoing revenue through licensing. And yet…you might not want to. The cost can balloon into the tens of thousands, and it often takes years.
Furthermore, you might be able to corner your market much more easily with great branding and customer service. All of this is to say, it is a decision you should take very seriously, carefully weighing your costs and benefits. Patents are government-granted exclusive rights that a company or individual has over a product.
They let you profit from and manage the way your product is used, marketed, and sold, but only for a specific period of time—often 20 years. Patents protect the intellectual property of your idea, giving you immunity over competitors who may want to profit from it as well.
When a competitor violates such IP, you can enforce the appropriate use of it. The owner of a patent can, however, license the patent to third parties. The owner can also sell the rights to the invention to a third party, making it the new owner of the patent with the same benefits the original inventor had.
While the principles just explained are all pretty much the same in all countries, each one has its own patent laws, which can vary depending on the product, what can qualify for a patent, and the way a patent is enforced.
At the end of this article, you will see some resources for other countries. Department of Commerce. It serves the interests of inventors and businesses with respect to their inventions and corporate products, and service identifications.
The key aspect of patenting an idea is that you need to prove to the USPTO that your idea is worth patenting. If you can convince the officers at the patent office that your idea is unique and valuable, you will be able to patent it.
The USPTO wants people who have some unique idea to protect to get a patent, not amateurs who want to make a quick buck off a half-baked concept. In the definition I gave above, I focused on the most common idea of a patent—one that focuses on a product, like the telephone. But the reality is that there are four types of patents:. Below, I will show you how the patent-filing process works for utility patents.
Design and plant patents are, for the most part, highly specific and not relevant for our case. Finally, if you plan to patent software, the requirements to file a patent will vary, but the main ideas will continue how to biuld a bat house apply as the utility one. If your company has a unique process with a unique name that you want to protect, you can trademark its name so no one can copy it.
A good example of a trademark would be if we wanted to protect the name of our courses, or if you wanted to protect the name of your company.
In other words, a copyright is like a patent for the arts. If you want to protect your software code, then a copyright could be a good idea. Otherwise, if you have a marketable product find out what disease you have, a patent is your only choice. Though this article is about how to file a patent, the process can be quite complicated and the final step requires a lawyer.
The entire patent filing process what to say when breaking up with a boyfriend overextend most non-technical people.
The patent process is so particular in what are the characteristics of a one party system to the procedure, that in the US only attorneys that pass a separate bar exam, the Federal Patent Bar, can file patent applications. While I may seem biased to say so, the truly best way to increase the odds of approval is by hiring an experienced patent attorney to prepare and oversee the entire process of the patent application.
There are hundreds of patent law experts in every country in the world. Before you start working on your patent filing procedure, start researching in your area for a patent lawyer or firm who can help you. Be sure to ask for some references.
You will want to speak with other people who have gone through your process to see how that firm helped them file their patent. The process of getting a patent is technical, complex, and tedious. The USPTO does offer expediting services for additional fees and if certain requirements are met, which can dramatically reduce the time period to about 1 year.
Then, you will be directed to a very modern and cutting-edge search database not that will help you find past patents. The results will likely bring many results. In the meantime, you can open up existing patents, analyzing the descriptions, and most importantly, the images that show the product itself.
Throughout the page, you will see the entire description of the product, likely to be much too technical for your taste. Then, you will see a mockup of the design behind the patent, which in this case is a type of sole for a sports shoe. As you carry on your research, take note of the similarities and differences between your product idea and other patents.
Most likely, you will find inventions similar to yours. An RPA, on the other hand, comes with a barrage of filing requirements, which I will explain in Step 5. Stephen Kay, who has patented over 20 ideas, recommends this because:. You could just file one patent application which is full and complete at the outset.
As a rule of thumb, the more useful, novel, and non-obvious your idea is, the higher the likelihood of being patentable. Basically, you want to describe your invention and highlight its advantages with the most amount of detail you can. You want to explain how your idea fills a market need. As you can see, that includes gathering and submitting a lot of documentation, so be sure to meticulously track your progress and save any drawings, specs, modifications, ideas, etc.
It can take a year or longer before you hear back, especially if there are other inventions similar to yours. A common reason for denial will be that your idea has too much in common with previous inventions.
Whatever the case, when you get a denial, your attorney will have to work with you to address the issue at hand and resubmit the patent a second or third time. To that, you need to add:. Given these costs, an entrepreneur may wonder whether it makes sense to pay for such an expensive procedure.
The ROI is not a one size fits all answer. In some cases, depending upon the industry and the invention, the ROI of the patent may be more or less than in others. For example, with most startup companies, a patent application will be necessary not only for future enforcement reasons, but also as a prerequisite for most investors in their evaluation of the value of the invention. At the end of the day, the decision to bear the costs of the patent should be seriously taken into consideration before you decide to start the filing process.
You got your patent. Now what? An important aspect of having a patent is that you can enforce it if someone violates it. Just like your patent submission, a how to get into poetry infringement case can be lengthy and expensive.
The good news is that you can make your money back from the money invested in creating and patenting your product. As I said before, this guide applies only to US-inventors.
To help you how to get patent on idea started with your patent filing process, here are some pages full of information on the subject:. After reading this guide, you may be thinking that filing a patent is too complicated and expensive for you.
Before you make a decision, remember this:. If you believe the licensing of your idea is worth the money, or if your customer research has shown you people desperately need your product, filing a patent could be a good idea.
The process will be exhausting, expensive, and time-consuming. But, under the right circumstances, it can be worth your while. Are you thinking about filing a patent? If so, what are your main concerns or doubts about this process? Let us know your questions in the comments below! About Ivan Kreimer. Ivan Kreimer is a freelance content marketer who helps SaaS business create content that commands attention, builds authority, and drives action.
The rules for replying to an Office Action are deceptive and the primary reason pro-se filers are deemed to have abandoned. The 3 months for responding can be extended the first time but the areply to the second is not actually 3 months but two…but the rules in the MPEP are very confusing even for an attorney like me to understand after rereading several times. Imagine an Examiner can make a decision today and what did congressman akin say receive it in the mail tomorrow but you had to act yesterday!
Yep…there is such a rule! Just ask a Patent Lawyer! Less than one per year! Which country will I file for patent application? It is not required for an attorney to file an application.
Anyone can do it. In any case, I do recommend that you consult a professional if you want it done right. They have a competition going amongsr themselves to see how outrageous their denials can be and how dast they can obtain an abandonment. If you get their Office Action notice find a patent lawyer right away because how to get patent on idea outrageous response can be used against them.
How Patents Work
You cannot get a patent just based on an idea. You must show how your invention works. In addition, your invention must be new (or "novel" in the parlance of patent lawyers). This means it must be different in some important way from all previous inventions in that field. How do you get a patent for an idea? The real answer to this question is: you can’t. That’s right, you can’t get a patent for an “idea” alone, not even the best idea in the world. My name is J.D. Houvener, a patent attorney at Bold Patents Law Firm. Jul 03, · Once complete, the patent application is sent to your Patent Office along with a submission fee, which for American inventions is the United States Patent and Trademark Office (USPTO). Patents usually take between two and three years to complete as you will have to wait until a patent examiner examines and approves your application.
A patent is a legal document that is granted to the first to file on a particular invention product or process , which allows them to exclude others from making, using, or selling the invention that is described for a period of twenty years from the date that they first filed the application.
Unlike a copyright , which exists as soon as you finish your work of art, or a trademark , which exist as soon you use a symbol or word to represent your services or goods in commerce , a patent requires filling out many forms, doing extensive research and, in most cases, hiring a lawyer.
In writing your patent application you will be including detailed drawings , writing several claims , referring to many patents belonging to other people, and evaluating other patents that have already been issued to see if your idea is truly unique.
In order to submit paperwork for a patent of a particular product or process, your invention should be completely finished and have a working, tested prototype because your patent must be based on what your invention is and modifications after the fact require another patent. This is also beneficial to your long-term business plan because, with a finished invention in hand, you can do a market evaluation and determine how much this invention could make you down the road.
After you have finished your invention, you must also perform a patent search for similar inventions made by other people. Patent Office site by learning how to and doing a preliminary search yourself or hiring a patent agent or attorney to do a professional search. What you find about other inventions like yours will determine the scope of your patent. Maybe there are other inventions that do the same thing as your does, however, your invention does it in a better way or has an additional feature.
Your patent will only cover what is unique about your invention. The patent attorney you hire must be skilled in the area of your invention—for example, engineering, chemistry, or botany—as they will examine your invention completely and then do their own patent search in order to determine the uniqueness of your creation. Your lawyer might find a patent or patent application that is too similar to your invention, and a good lawyer will tell you upfront if this makes your invention unpatentable.
However, if your invention does prove to be unique, your lawyer will proceed to write your patent application, which will include:.
In order to save money, do whatever preliminary work you can by yourself—even if that lawyer will be redoing the preliminary reports, it should cut down on billable hours the lawyer can work on the project.
Patents usually take between two and three years to complete as you will have to wait until a patent examiner examines and approves your application. Additionally, most patents are rejected on the first admission, then the dance begins as you lawyer makes amendments and resubmits the application until it is accepted or not and you have your patent.
After your patent application had been submitted, though, you do not have to waste time waiting around for your product's patent to be approved. You can immediately label your invention as patent pending and start marketing it as such, but be warned that if your patent is ultimately rejected, others can and will begin making replicas of your design if they're highly profitable. Share Flipboard Email.
Mary Bellis. Inventions Expert. Mary Bellis covered inventions and inventors for ThoughtCo for 18 years. She is known for her independent films and documentaries, including one about Alexander Graham Bell.
Cite this Article Format. Bellis, Mary. The Basics of Patenting Ideas. How to Apply for a Patent for Your Invention. Tips for Writing a Patent Application.