Getting a Patent on Your Own
Oct 10, †Ј Steps to Filing a Patent Application 1. Keep a Written Record of Your Invention. Record every step of the invention process in a notebook. Describe and 2. Make Sure Your Invention Qualifies for Patent Protection. You cannot get a patent just based on . Jun 24, †Ј To get a patent, you need to make sure your idea is patentable, which requires that your invention is fully developed and that no one else has already patented it, and then file an application with the United States Patent and Trademark Office (USPTO) which can be a complex process depending on patent type (utility, design, plant, or software.
Applying for a patent is a long and sometimes complex process, but the process can be broken down in these five steps. Find out how to get started researching your patent, drafting the application, and what to do while you wait for an official response. Applying for a patent is a long and involved process. Ho helps enormously to know the steps of the patent application process. These how to get a patent for a product steps will help you plan out the patent process as you seek to protect your invention.
The pateny step in how to get a patent is to understand your invention. What aspect produtc aspects of the invention makes paetnt new and useful? Suppose you made a custom pair of shears that are useful for cutting thin strips of fabric. The scissors have a custom designed handle with different shaped finger loops what school will my kid go to an additional set of pivots that allow the cutter to feel the slightest resistance when cutting through very thin fabric.
Once you identify the aspects that make your invention new what is all the news about charlie sheen useful then you need to consider the scope.
Are there other ways to make your invention? For example, could you porduct springs instead of pivots? Could you change the shape of the finger loops or the materials they are made out of?
Next, look at whether or not your invention has a broader application. Is there something special how to transfer ringtones via bluetooth thin fabric or could you use the scissors for any type of delicate work?
Would the shears be useful for surgery or other precision applications? If so, would you need to make further modifications? Asking these types of questions early on will help you search, protect and benefit from the full scope of your invention. It will give you more strategic options and, most likely, a more valuable how to get a patent for a product. A patent requires absolute novelty.
Part of the rationale of giving inventors exclusive rights to their inventions is to encourage the inventor to teach the public how to make the invention work.
If a reasonably skilled person could make the invention work from information already available to the public, then what benefit is there to giving the inventor exclusive rights?
You have to search to find any relevant hoow, presentation, sales brochure, patent application or issued patent that overlaps with your tet or some components of your invention. For example, you may find a technical white paper that discusses precision robotic manufacturing. You notice that the robotic arms have the same kind of pivots as your super sensitive scissors.
The reference is considered prior paent, even if it is in a different field. Back to the pair of scissors that you made. The pivots are too loose and you want to spend more time tinkering to get the tension just right. You also want to try out some new materials for the finger loops.
If you want to get a patent on file but leave some room to tinker, you may want to file a provisional patent application. A provisional application serves as proof that you are the inventor as of the date you file the patent.
You can then take a year to file the actual patent application what most people call a patent is actually called a utility patent. In that year, you can experiment and perfect the prototype that you built.
You cannot, however, add anything new. If your new prototype includes super sensitive pressure sensors that you did not include in how to get a patent for a product provisional application then you will need to file a new patent application to get the benefit of the new sensors. When considering what patent protection is available to you, do not rule anything out.
For example, you may shape the finger loops on your scissors because they have a real functional improvement in improving sensitivity to resistance.
They may also produce a very distinctive appearance. You could file a design patent application for the distinct appearance of the finger loops in addition to or in place of a utility patent application. Generally, a design patent protects the way an article looks, while a utility patent protects the way an article is used and works.
Overlapping patent protection is incredibly important and makes your intellectual property that much more valuable. Drafting a patent application, even a provisional patent applicationis tricky. Patent applications have several parts, each of which can be rejected for technical or formal reasons.
If you are going to file it yourself, read the Manual of Patent Pateent Procedure. Make checklists for each portion of your application and provuct check your work. If you are lucky, a mistake will only cost you time and money. If you are not, you can lose your filing date or cripple your ability to get an issued patent.
Drafting a patent is a skill that takes experience to develop and a team to execute. At all other steps, there is a lot of work the inventor can do.
But when it comes to drafting the application itself, a professional will be very helpful. Do not expect to hear back from the patent office for a long time, usually a year or longer. When you do hear back, the examiner may argue that your invention is not novel in light of the prior art, that your invention is not the kind of thing that you can get a patent for, or that you have failed to fully explain how the invention works.
If this does happen, you might want to seek professional advice to help craft your response. In the meantime, while you are waiting for your response, get to work.
Unless inventing is purely a hobby, you tor investing your time and money in intellectual property that you think may have commercial value. If you are looking to license your scissor design to a leading tool company, for fro, start talking to them nowЧand make sure your how to get a beard card at byu idaho protects the features they consider most valuable. Because your patent is pending and your invention how to paint and distress metal protected, you can discuss whatever you need to seal the deal you want.
Contents 5 min read. Joe Runge graduated from the University of Iowa with a Juris doctorate and a master of science in molecular evolution. HЕ Read more. How much does it cost to get a patent? The answer can be different depending on why you want a patent and what you're patenting. The patent process begins by searching for similar patents. Find out more about how to see if someone has patented your idea. Your great invention is not enough to get a patent.
You need to conduct a patent search to find out if your invention is really new. The Internet gives inventors access to better search tools than ever. Use these tips to get the most out of your searches.
Under U. Understanding how the law differentiates ideas from inventions is a great way to learn some of the core tenants of patent law. Intellectual Property Basics. There are different ways to protect original ideas. The method you choose depends on the kind of idea you have.
If you need a patent fast, there are a few options. Find out how to get a patent for a product about how to get your patent quickly, what makes a good application for a patent, and more. A patent which grants ownership of an invention, but it won't pay you.
There are a few ways you can generate a profit from your idea. Before you can profit from your invention, there are several steps to take to get the right kind of protection you need. Find out how you file a patent application, whether you need a lawyer or how to get a patent for a product do it yourself, and what it means to have a patent pending. An inventor who knows about patents and understands the best way to use them has a huge advantage in protecting their invention.
How do you know when your idea is just an idea, as opposed to an idea that you could patent and put to profitable use? Even if getting a patent is possible, there may be reasons why you wouldn't want to. Resources Intellectual Property Patents How to Get a Patent in 5 Steps How to Get a Patent in 5 Steps Applying for a patent is what does the executor of a will do in canada long and sometimes complex process, but the process can be broken down in these five steps.
Understand Your Invention The first step ofr how to get a patent is to understand your invention. Research Your Invention A patent requires absolute novelty. Choose the Type of Protection Back to the pair of scissors that you made.
Draft Your Patent Application Drafting a patent application, even a proeuct patent applicationis tricky. Wait for a Formal Response Do not geg to hear back from the patent office for a long time, usually a year or longer. About the Author Joe How to lose your belly fat quickly and naturally, How to get a patent for a product. Related Topics. You may also like. Patents Too do you know if a patent already exists?
Patents Can You Patent an Idea? Patents How to File a Patent Before you can profit from your invention, there are several steps to take to get the right kind of protection you need. Patents How to Patent an Idea and Become an Inventor How do you know when your idea is just an idea, as opposed to an idea that you could patent and put to profitable use?
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You cannot get a patent if your invention has already been publicly disclosed. Therefore, a search of all previous public disclosures should be conducted. A search of foreign patents and printed publications should also be conducted. If you are not experienced at performing patent searches, a registered attorney or agent is recommended. Apr 15, †Ј The first step towards getting a patent is to search the United States Patent and Trademark OfficeТs patent database to find similar ideas that have already been patented. On their homepage, hover over the УPatentsФ button and click on УPatFT.Ф. Under the Indian Patent Act (), "inventions" are defined as a new product or process involving an inventive step and capable of industrial application. Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention.
To get a patent, you need to make sure your idea is patentable , which requires that your invention is fully developed and that no one else has already patented it, and then file an application with the United States Patent and Trademark Office USPTO which can be a complex process depending on patent type utility, design, plant, or software patent. A patent is a property right that the government grants to inventors to forbid others from making or using an invention for a limited period of time usually 20 years.
If someone does steal your invention, the patent grants you the right to sue the guilty party. Sometimes, someone who did not invent an item can hold the patent right when a patent owner chooses to sell the patent for profit. However, only the person who originally came up with the patented item may obtain the patent in the first place.
There are four main types of patents :. A utility patent protects inventions that have a specific function. This is the most common type of patent and serves as the focus for most discussions about patents.
A design patent protects non-functional parts of an item such as a unique shape or other aesthetic qualities. A plant patent protects plants, such as flowers or vegetables, that an inventor has created or discovered and then reproduced.
There are a few reasons why inventors may choose to file for a patent : to gain recognition, protect intellectual property, or profit from an invention. Most commonly, profit is the driving motivation. A patent protects an invention from being stolen.
If the invention is stolen and another party begins to sell it, then you, as the patent holder, can sue for patent infringement. However, that protection does not go into effect until the United States Patent and Trademark Office approves the patent application. You can put together a confidentiality agreement.
This is best used in circumstances where your idea is not yet fully developed and you want to seek others' help in perfecting it. Whether you ask for help from family, friends, local university students, an inventors' group, or a commercial company, the confidentiality agreement will make it less likely that your idea will be stolen before it becomes a real invention.
If someone who signed the agreement later tries to steal your idea, you will be able to take legal action against the guilty party. A lawyer can create a simple confidentiality agreement for you. Keep in mind that most companies will not help you develop your idea unless it is already developed to the point where you can file a provisional patent application , which provides a low level of protection against theft. Provisional patent applications will be discussed in more detail later in this guide.
Because patents are so important in protecting your intellectual property, there is only one valid reason why you would choose not to apply for one: Your invention is not patentable. Your invention may not qualify for a patent either because your idea is not fully developed into an invention or because someone else already holds a patent for the same invention.
Extensive research is necessary before you can say for certain that no one else has already patented your invention. There is also a Patent Application Database that contains information about patent applications that have not yet been approved. Both of these databases are accessible online. Expand your research.
Try searching other publications, such as scientific journals, that relate to the industry in which your invention fits. You may also have to search global patent databases. Enlist professional help. Patent research is time-consuming and you may need the help of a professional researcher. A patent attorney can help you find someone who is qualified. Make note of similar inventions and their differences.
Bear in mind that you will probably come across inventions that are similar to yours. Prepare to explain how your invention is better than or different from the ones that came before it. You can't patent ideas; you can only patent inventions. However, you don't need a fully functioning prototype before you can say that you have an invention. What you do need is a full-bodied description of your invention.
Your description needs to have enough detail in it that someone with average skill in the realm in which your invention lies could understand the description and produce your invention. Keep in mind, too, that a patent application requires detailed sketches of your invention.
If you lack artistic ability, you can pay a patent illustrator to provide the drawings Ч or perhaps even a 3D rendering Ч for you. If your invention isn't yet perfect, or if for some other reason you are not yet ready to file a patent application, you can submit a provisional patent application. The provisional patent application is, so to speak, a placeholder.
It enables you to label your invention as "patent pending," which serves as a warning to anyone who may be thinking about stealing your property. A provisional patent application lasts for 12 months from the date you file for it. This year gives you time to fine-tune your invention and prepare it to be marketed. As with a real patent application, the provisional application requires that you provide a description of your invention.
However, you will not need as many details. Use language that is accurate, but not too specific because a provisional patent application will not cover anything you add to the invention after you file the application. Keep in mind that provisional patents cannot be extended so you will need to file a regular patent application before the end of the month provisional period. Professional patent attorneys can help with research and with getting the best protection for an invention.
Without legal guidance, you may end up spending thousands of dollars on an application that is ultimately rejected. An attorney will take you through the application process and help you conquer any problems that come up after you submit the application. How much does a patent cost? The cost of obtaining a patent depends on how complicated an invention is.
However, that basic filing fee is only the beginning of the costs associated with obtaining a patent. You'll find that the price of filing for a patent depends on many things, including how you file, how many claims are on your application, and how many pages you application has. Paying a professional to do patent research can add thousands of dollars to the overall cost.
Patent attorneys often have knowledge that goes beyond the law. Many of them have scientific or engineering experience that relates to the field that their clients want to get patents in. They are highly skilled individuals who will put all the necessary time into guiding you through the patent process. The lawyer may even have to negotiate with the patent office on your behalf, which adds more time and expense.
You may be tempted to cut corners if your budget is limited, but paying for a qualified attorney and a thorough patent search can save you money and stress in the long-term. It can take a year or longer before you hear back, especially if there are a lot of inventions that are similar to yours. When you do receive a response, it may not be an approval. You may be notified that your invention is not new enough in the light of prior art Ч that is to say, it has too much in common with previous inventions.
The Patent Office may also tell you that you did not describe your invention in enough detail. If you receive this type of response, you and your attorney will have to work together to address the issue. You will also need to submit claims with the application.
These claims determine exactly what aspects of your invention you want to be protected. Along with the application, you can choose to submit a non-publication request, which will stop the USPTO from publishing the application 18 months after it is filed. You may choose to follow the above steps in a different order. For example, you could choose to hire an attorney before you start your research, or you could do market research before you choose to develop your idea into an invention. A patent gives you sole ownership of your invention for a limited amount of time, enabling you to get the most benefit possible from what you've created.
The patent application process is complex, but you can get through it successfully if you hire a qualified attorney. The attorney will assist you every step of the way, from performing research to replying to objections from the USPTO. Now that you have an overview of how to get a patent, you are ready to take measures to protect your invention. If you need help with getting a patent, you can post your question or concern on UpCounsel's marketplace.
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