Uncovering a great invention is an amazing accomplishment, but the truth is, claiming ownership of that invention requires a lengthy and complex legal process. Unless you are well versed in the nuances of patent law, it is in your best interests to seek help from professionals who understand the regulations in your locality. If you’re based in Chicago, there are a few key considerations you should keep in mind when you think about patenting an idea.

First, you will want to make sure that your creation is legally recognizable as a patentable item. Not all ideas and products are eligible for a patent, so it’s important to research and confirm that yours meets the criteria. Additionally, though you may not think of it at first, you should ensure that your invention is “novel” – this means that it must survive a patentability search, and be sufficiently distinct from any existing products or ideas.

Second, you should research and understand the types of patent protection available. If you are trying to secure a patent in Chicago, you may choose between a utility patent, a plant patent, and a design patent.f A utility patent is the most common and exclusive type of patent – it protects inventions from being made, used, and/or sold without the patent-holder’s permission. A plant patent serves to protect newly invented varieties of cultivated plants. Finally, a design patent safeguards ornamental designs—those which provide unique visual value to a product – from being torn off by others without the patent-holder’s consent.

Third, you need to prepare your patent application and all supporting documents, including an invention disclosure, drawings, and claims that explain how you have met the criteria of the three-step patentability test. It is important to submit your application on time and in complete detail to ensure the best possible chance of approval.

Fourth, you must respond promptly and carefully to any requests or objections raised throughout the patent examination campaign. While patent law is the same everywhere, the rules applied by the U.S. Patent and Trademark Office (USPTO) can vary from office to office, and the Chicago-based regulator’s interpretations may not be explicitly expressed. Similarly, the process of filing and receiving a patent is subject to unique requirements and procedures, and you should make sure to review the USPTO’s omni-detailed guidelines in detail.

Finally, it is important to take a step back and compare the costs and benefits of patenting an invention in Chicago. The Patent Office’s additional fees and other related costs may make patenting in Chicago more expensive or difficult than other jurisdictions. As such, you should evaluate the estimated cost of the patent filing process and assess whether the potential return on investment is worth the associated expenses.

Though patenting an idea is not a straight-forward process, securing legal protections for your invention is of utmost importance. Throughout the process, you should conduct considerable research and seek advice from experienced business attorneys who understand the nuances of patent law in Chicago. As long as you are cognizant of the complexities of the patent filing process, you should be able to properly protect your ideas and inventions.

Topics:

patent law,

patentability search,

utility patent