Where Can I Get a Patent: Everything You Need to Know
The US Patent and Trademark Office (USPTO) has specific rules for filing a patent application, but you can follow it like a recipe from a cookbook.7 min read
Where Can I Get a Patent?
“Where can I get a patent?” This is a question that many inventors ask themselves. Thousands of inventors have successfully followed the patent system and attained patents for their inventions. Successfully navigating the patent system does not require legal dexterity and it is not unlike other learned skills whether it is baking, painting, or gourmet cooking. Some steps are easy, others are more difficult. However, by navigating the process one-step at a time, you can get a patent.
The Steps for Filing a Patent Application
The US Patent and Trademark Office (USPTO) has specific rules for filing a patent application, but you can follow it like a recipe from a cookbook.
Keep a Careful Record of Your Invention
Write down each step of the method of the invention in a notebook. Describe each aspect, diagram, and any modification of the invention, including how you got the idea in detail. Depending on the invention, you can build a prototype and test it. Document all of your efforts. Date each entry and have two reliable witnesses sign and date, if possible.
Make Sure Your Invention Is Suitable for Patent Protection
You cannot patent just any idea. You need to show how the invention works and your invention needs to be new. Your invention must be different from all previous inventions in other important ways. Your invention may also not be for sale or known before signing a patent.
Determine the Commercial Potential of Your Invention
The application for a patent is an entrepreneurial decision. Even without a patent attorney or the use of a professional service, the cost to file for a patent with the USPTO is over $1,500. Before you spend the time and money to file a patent application, you should explore the market that you want to enter and decide if the potential return is worth the cost.
Complete a Thorough Patent Search
To make sure your invention is new you must look for all previous developments in your area. In your patent application, you must show how your invention improves on prior inventions or differentiated from these previous developments.
Prepare and File an Application With the USPTO
An RPA must be submitted within one year after the PPA submission. If you have not submitted the required RPA documents within one year after the PPA you cannot apply for an additional PPA.
How to Get a Patent
A patent gives the owner the ability to prevent others from making, using, selling, or importing your invention without your permission. U.S. government patents are granted to inventors, but may be owned by individual inventors, groups, or companies.
For most types of inventions in the United States you have two patent options. You can file a provisional patent application (this includes your application date and expire after one year), or a regular patent application.
Assess Your Patent Outlook
Find out if your invention is eligible for a patent. You can patent your idea as a process, a machine; or an improved version of one of these. For example, computer software can be a patentable product because it is a process. In addition, if you have a software program designed to perform the same functions as another program, but is intuitive and uses a different aesthetics, you can apply for a patent to it as an improvement.
Find out If Your Idea Is Eligible for a Patent
Patentable inventions must be
- not obvious (unexpected, also by experts)
- useful (to provide a practical advantage)
Determine whether your invention can provide honest answers to these three qualifications. You will probably need to consult a legal professional to fully evaluate your invention in the light of these terms. Abstract ideas, natural phenomena, and inventions without utility are not considered for a patent. For example, an application for a patent is not considered because it occurs in nature.
Determine Your Patent Category
There are three different types of patents offered by the USPTO. If your innovation does not fall into one of these categories, it cannot be patentable. If a utility patent for a new and original invention is granted, it has special precedence.
If you design a diaper, since a role would be performed by your creation, you would want to turn in an application for a utility patent. Put in an application for a design patent if your innovation is not a thing or procedure.
A design patent coverage lasts from the date that the application is registered. Design patent prevents parties from copying the appearance of your merchandise. Each year, new automobile models are published. The automobile serves the exact same function as automobiles that are preceding, but is assembled with a layout that is distinct. The automobile company gets a design patent to deter car firms from creating cars that are identical.
Pursue a plant patent for plant breeds that you have developed through engineering. A plant patent may be a significant patent form from the agriculture sector as providers grow a breed designed to thrive within their climate. Security for a plant patent is present for 20 years after the patent application date.
Ensure That Your Idea Has Not Been Patented Already
Your idea or the innovation must differ in a substantial manner from other creations. Look through patents for creations that are comparable to yours and ascertain whether your idea is different enough to justify its own patent. Do not squander money and time. Hunting through the database of patents could be a complicated and stressful job.
Search the USPTO patent website. From the USPTO patent website, you can start looking for patents using words that describe the way the invention works or may be used. Pay a visit to the patent depository library for access to databases and documents, which are free to the public. Librarians with understanding on patent searches can help you. Access for posts about themes or inventions in a database of journals.
Preparing to File a Patent
You can employ a patent Attorney, request help at the United States Patent and Trademark Office (USPTO), check to find out whether your area provides free patent filing help, or go to a law school practice. Every one of these sources should understand patent legislation, helping to make sure that you complete the patent application. Patent attorneys will need to pass the patent bar examination and must have an undergraduate degree in a science or technology field.
Take the measures that are essential as you prepare to apply for a patent:
- Assess the USPTO site to find a patent attorney.
- Pay a visit to a law school.
- At patent law practices, it is possible to ask questions pertaining to patent law enforcement and pupils gain expertise.
- Questions in a patent law practice are great for people who are unable to afford a patent attorney but need legal counsel.
- A USPTO professor vets each of the information given in the patent law practice.
In America and most nations, the authorities will offer patent filing aid for a means to promote mobility. Pro Se is an assistance program for individuals who wish to submit a patent. Pro Se assembles the needed files to submit a patent application and helps you to get started. Pro Se providers are free, but appointments should be made because of their location in Alexandria, Virginia.
All these "self-help" applications are intended to help individuals with low incomes. Support is done for free to the public. Before receiving assistance, an initial evaluation of your eligibility will be completed. You will not be charged for assistance.
In a number of the scenarios, the corporation will steal your idea. Before picking which company to go for look online for patent help.
Scam artists will do whatever they can also to deny putting anything definitive and to earn money upfront. Scammers will request cash via email or telephone; however, they will not wish to sign contracts that are up official before a subsequent date. Ensure that you sign contracts upfront.
Decide on an application according to your own innovation. You select usefulness patent, plant, or a layout. There is no "international patent;" however, you are able to submit an application for global patent protection. Another patent application has to be submitted in each nation.
Filing a PCT application (Patent Cooperation Treaty) or an EU program (European Union) are several simpler methods of applying to more than one country. You can be protected by worldwide patent coverage from businesses, which are looking to market products. Implementing a patent can help safeguard your product, but you are going to need to apply for patents in each nation if you would like to safeguard your rights on a worldwide scale.
You can file for expedited patent approval. Since patent programs take years to be accepted or rejected, you may consider the assessment option. This is extremely costly. People file for patents whenever they wait to proceed to manufacturing or finalize their layout. Your submitting plan will be dependent on whether or not you are ready to create a patent case and if you need protection.
Waiting for a provisional Patent application (PPA) is significantly less costly and quicker than just filing a regular patent application. A PPA permits you to maintain, "Patent pending" about your product. The PPA requires a fee (generally $65-$260), a description of how your invention works, and fundamental drawings of your own invention. Patents are employed to be able to set up a historical date of production. A patent requires that the inventor submit an application for a patent after and protects the invention for 12 months.
The RPA procedure will require a set time because of a comprehensive examination by the US Patent & Trademark Office. Complete the patent application that is proper. Include data, like a comprehensive description of this innovation, this invention's usefulness to society, and the way the innovation works. Your patent will include schematics, drawings, and any details required explaining your own invention.
Be sure to have your attorney look over your application before filing it. A specification attachment must contain descriptions of the sort of invention, the purpose of the invention, a description of the way it functions, and how it is constructed. The specification statement has abstract and patent claims. The statement's claim section is the toughest.
Possessing a patent lawyer or some counsel is vital for the claim section of the patent type. The claim ought to be written.
The Expense of Getting a Patent in America
Estimating U.S. patent expenses is a tricky thing because so much is dependent on the technologies involved. It is crucial to see that the nature of having an invention means that you need to have come up with something. There are challenges, and the legislation is getting more complex.
If you need help with getting a patent, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.