You’ve created an invention that is so ahead of its time, you want to patent it right away. But, how do you do that? The patent process can be a little confusing, but here’s a brief guide that’ll help you through the process.
When inspiration strikes and you find yourself with an idea for a new product, it’s time to turn your idea into a reality.
You don’t want to look back on your life and wonder what would have happened if you decided to pursue your invention. You want to know what happened because you followed through with your idea.
Putting a new invention into motion isn’t as simple as creating the product and selling it. You need to understand the patent process to protect your invention from other people using it for their own profit.
The patent process confusing at first to most people. We’ve put together this guide to help you understand how to get a patent for your invention.
What to Consider Before Applying
Patents are important for people who have discovered a new and useful product for society. You want to make sure no one can steal your idea for their own personal gain.
To obtain a patent, you need to understand the types of patents you can receive, and the process of applying for one.
Patent Requirements
Before you continue the process of applying for a patent, you need to make sure you qualify for it.
First, you need to make sure you can patent your idea. Things like artwork, books, abstract ideas, and laws of nature cannot receive a patent.
Your invention must be new. This means someone else can’t have already invented it. If your invention already has an active patent, it can’t receive a second patent.
Your idea needs to have utility, meaning it must be useful to society. If you invent something that is useless and won’t add anything to anyone’s life, you can’t patent it.
The invention must be “non-obvious”. If a product already exists and your new invention is an upgrade of this product that would be the next step in the process, it’s not eligible for a patent.
Types of Patents
Before you apply for a patent, you need to figure out which type of patent applies to your idea.
There are types of patents: utility, provisional, design and plant patents.
Utility patents are the most common type of patent that people apply for. These patents protect different types of products, processes, or systems not yet invented.
For example, a new systems upgrade for smartphones is a viable utility patent.
Provisional patents are generally used alongside utility patents. These patents require less paperwork and show that the inventor has created the new product and that it is functional.
Provisional patents allow people to protect their ideas while the actual utility patent is being applied for an approved. The inventor will need to apply for a utility patent within one year of receiving a provisional patent.
Design patents are what the sound like: the protection of the design of a product. For example, if you have discovered a better, more useful design for running shoes, you can patent that design.
This means that any shoe company that would like to create a running shoe with your design needs to get approval from you and pay for your design invention.
Plant patents refer to the protection of a new plant achieved by nonsexual means. This generally does not cover anything that has been genetically modified.
The Patent Process: How to Apply
Once you’ve determined that your invention is eligible for a patent and you’ve figured out which patent you’ll need, it’s time to start the application process.
Applying for a patent is a legal matter that requires a ton of paperwork. It can be a major time commitment that makes it difficult for people to do on their own.
At this point, many people will opt to hire a patent attorney, such as Juhasz law to complete the application. However, it is possible to apply for a patent .
Document Everything
You’ll need to make sure you have thorough documentation on the invention of your product. You’ll have to prove that you did invent the product when you said you did and that it is complete and functional.
This is especially important if there are other people trying to patent the same thing. You’ll need to show that you were the first one to invent the product, or else someone else gets the patent.
Fees and Funding
You’ll need to make sure you have the right funding for applying for a patent. Without hiring an attorney, you’ll still need to pay around $1,500 in fees. Make sure your invention is worth this investment.
Some patents may require much higher fees if it requires more paperwork. If you need financial help, you should consider getting people to invest in your invention before patenting the idea.
Receive and Complete the Application
Next, obtain and complete the United States Patent and Trademark Office (USPTO) application.
You’ll likely complete the shorter provisional patent application first and then the complete application.
You will likely receive approval or denial of your patent within 12 months of applying. If your patent is denied, you’ll want to review your application and see if there is anything you can do to get it approved.
After Patent Approval
Once your patent gets approval in the United States, you may want to start the patent process in other countries that you’ll do business in.
You’ll need to apply for a new patent in each individual country where you wish to protect your invention.
Also, note that patents generally last 20 years. You will need to apply for a new patent once your current one expires so you can maintain the rights to your invention.
For More Information
The patent process is very complicated and time-consuming, but well worth it if you have a great invention that can make you money and serve society.
For more helpful tips and guides, check out our for more information.
