you Started a business Let’s say you want to sell a unique invention that you have designed yourself or you are working on a million dollar idea. No one has ever come up with a product like this before. And you know that the moment it hits the market, copycats will start replicating your hard work. This is where a patent comes in to help save your business idea.
However, patents do not guarantee protection from copycats. Bitton DesignFor example, “We are Mustache Pacifier“But if you go on the Internet and type ‘mustache pacifier,’ you get a ton of knockoffs,” says Al Cattell, co-founder of Bitten Design. The Bitten team doesn’t think it’s legally possible to stop the dozens of companies copying its products.
“We don’t want to waste time on that negativity,” says Al. “When we see other companies copying our products, it actually makes us feel good because it makes us realize we’ve made something good that other people want.”
Despite these challenges, patents remain the most powerful tool for protection. intellectual property In the United States, this article will guide you through the steps to preparing a satisfactory application for patent certification.
What is a patent?
A patent is a legal instrument established by the U.S. Constitution. Protection of intellectual propertyin particular, Patents Similar to a deed that proves ownership of real estate, it is a document that declares ownership of an invention.
How do patents work?
The patent United States Patent and Trademark Office Patents are issued by the (USPTO) in exchange for required registration fees, and once issued, grant the patent owner “exclusive rights.” The exclusive rights allow the patent owner to “exclude others from making, using, offering for sale, or selling” the patent-protected invention domestically, or from importing the invention from abroad. The USPTO acts as a central clearinghouse for patent and trademark information, but does not enforce patent rights. These rights are enforced through the civil court system.
How to get a patent in 8 steps
Filing a patent is one of the more complex processes for protecting your intellectual property. While it is possible to file a patent yourself, we recommend consulting a patent attorney to help you prepare and submit your application.
1. Determine whether patent protection is appropriate.
If you want to protect your creation, CopyrightRegarding brand names, logos and slogans, trademarkIf you want to protect an invention, a physical product, or a design, patent protection is the way to go.
2. Determine whether the invention is patentable
To be patentable, an invention must meet the following criteria:
- Patentable subject matter. under 101 U.S.C.“Patentable subject matter” includes any “process, machine, manufacture, or composition of matter” or any “new and useful improvement thereof.”
- useful. The utility of a patent is relatively easy to prove: it must serve some functional purpose.
- novel. A patent is not novel if the invention was publicly known before the applicant filed the patent application.
- It’s not self-evident. A patent is not obvious if the invention requires advanced technology that the average person cannot reproduce.
3. Conduct a patent search
Make sure your invention is sufficiently novel by finding out if anyone else holds a similar patent. Run a search Through USPTO Online.
4. Determine what patents you need
Should I file a utility patent application, a design patent application or a plant patent application?
5. Prepare to submit your application
USPTO Catalog of various patent registration feesas well Timeline Request a review of your application. At this stage, you may consider hiring a patent attorney after reviewing the complexity of your application.
6. Submit your application
Can be used EFS Webfile a patent application online using the USPTO’s electronic filing system. Your application must include all required parts (see list below) and the appropriate fee. You can file either a regular patent application (RPA) or a provisional patent application (PPA). A PPA allows you to claim “patent pending” status for your invention and is less complicated than filing an RPA. An RPA involves the full patent prosecution process, which is described below.
7. Working with Patent Examiners
If your application is incomplete, the Patent Office will notify you of the deficiencies by mail. Depending on the deficiencies, you will have a limited time to renew your application. If the deficiencies are not corrected, your application will be rejected and returned. If your application is found to be complete, it will be assigned to an examiner who will review your application and determine whether it meets the legal requirements to be patented. If the examiner determines that it does not meet the legal standards, you will be given an opportunity to amend your application. After two rejections, you can appeal the examiner’s decision to the Patent Trial and Appeal Board (PTAB).
8. Receive approval and pay the final fee
If the examiner determines that your application is appropriate, you will receive a Notice of Allowance from the USPTO, after which you will need to pay a fee. Issuance fees and, in some cases, publication fees before the patent is finally issued.
Three types of patents
- Utility Patent
- Design Patents
- Plant Patents
Patents fall into three main categories:
- Utility patents: A utility patent protects anyone who develops a new “useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof.” According to the USPTOThis concerns inventions in the traditional sense: new devices, equipment, materials, etc.
- Design Patent: A design patent is granted to anyone who invents a “new, original, ornamental design for an article of manufacture.” This can include specifications for clothing, furniture, or consumer products.
- Plant Patents: A plant patent is awarded to someone who invents a new species of plant and “asexually reproduces” it. Asexual reproduction means that the plant is produced by means other than germination of a seed, such as by cuttings or grafting.
PopSockets inventor and founder David Barnett said: Lessons Learned from Design Patents Early in his career, he said: “Entrepreneurs would be well advised to place greater emphasis on, and to invest seriously in, the value of copyrights, trademarks, and design patents, rather than the value of utility patents, when it comes to protecting and enforcing actual products.”
“Utility patents generally tend to be more valuable than design patents, but we’ve found that when enforcing intellectual property rights, when trying to shut down factories that are producing counterfeit goods, it’s much easier to use design patents.”
Can I patent my idea?
Ideas are not patentable. Under US patent law, patents can only be granted for the physical manifestation of an idea, i.e. a machine or manufacture, and not for the underlying idea itself.
Patents and Copyrights: Similarities and Differences
Patents and copyrights are both legal instruments for protecting intellectual property in the U.S. Although both relate to protecting creations of the imagination, they protect different things.
How are they similar?
Patents and copyrights are similar in that they are both instruments of U.S. federal law designed to protect intellectual property rights.
How are they different?
Copyrights and patents protect different rights: copyright protects ownership of creative works (such as books, films, and works of art), while patents protect ownership of inventions (such as machines, consumer products, and product designs).
Patent Checklist
Depending on what you want to patent and the type of patent you want to obtain, your application should include the following:
- Patent DescriptionThe patent description states: Title of the inventionits purpose, its components or steps, how the components interact with each other or how the steps are performed. It should also include how the invention is used, an explanation accompanying the drawings, and its advantages or alternative uses.
- Patent drawings. The application must include a drawing or schematic diagram, unless it is of a process, material composition, or chemical compound. The drawing or schematic diagram must be clear and simple enough for a layperson to understand. The drawing must reflect all perspectives and angles and must be adequately labeled with reference marks. Drawings may consist of line drawings, charts, photographs, computer-generated graphics, or hand-drawn illustrations.
- Inventor Information. Your application must identify you and any co-inventors. A co-inventor is someone who contributed to the conception of the invention. It is important that you identify these people to protect yourself from future competing patent claims or litigation.
FAQs on how to patent your idea
How much does it cost to patent an idea?
What is the best way to patent an idea?
The best way to patent your invention is to hire a specialized attorney to guide you through the patent process, or you can prepare your own application by referring to USPTO guidance documents.
Can I patent my idea myself?
You can patent a product that is the result of an idea you came up with, but not the idea itself. However, the patent application process is difficult and complicated, so if you have the financial means, you may want to hire a patent attorney to help you.
How long do patents last?
The patent lasts for 20 years, but you must pay maintenance fees every 3, 3.5, 7, 7.5, 11, or 11.5 years.
Is it difficult to patent an idea?
Obtaining a patent is a demanding and time-consuming process. Because the patent application process is complex, there are many opportunities for an applicant to make mistakes or fail to include required information, even in a provisional patent application. Therefore, preparing a USPTO patent application requires careful and meticulous care, as well as advice from legal experts.
