You have a great idea and new invention that you have worked on for a few years and decide that you need a patent. You’ll feel safer and better protected with an approved patent under your belt knowing that your intellectual property is safe. What do you do? How do you get a patent? How do you get patents in several countries, the U.S. and around the world?
One of the more obvious answers is “hire a patent attorney” and let them do all the work to help you get your patent. Patent attorneys are skilled in patent law, patent search and filing patent applications. That’s what they are trained to do. Keep in mind that – depending on the type of application and how much detail and research is required – patent attorneys charge in a range of $4,000 to $10,000 for each filing. Most patent attorneys have special training and experience which they will use on your behalf with the patent office should any objections come up or additional support be needed. Once attorneys have worked on your patent, they can also be relied on to help you protect your intellectual property rights and enforce the protections in any patents you receive.
One other option is to get your patent yourself. But, how do you do that? Does it require years of special law school training or experience? There are several basic steps required to get a patent, including patent search, filing the patent application, and working with patent examiners at the government patent offices. Awarding a patent is the decision of the examiner or government agency office, based on the work done by you (or your patent attorney). There are several tools online you can use to help you with patent applications as well as reduced-fee legal assistance companies. However, before your engage an attorney or start with one of the reduced-fee offerings, it’s best to do some homework so that you understand what’s required to actually have a patent awarded.
A key to successful outcomes from the process of getting a patent is to first identify what type of patent you need. The U.S. Patent and Trade Office (USPTO) offers a classification system of 3 types of patents. Utility patents are meant to include new, original working products that have clear benefits and offer something unique to the marketplace. Design patents, a second group, are meant to include designs for new and improved products or processes which improve on a previous or existing product. A factor to think about is that the new design must be independent of and not have an impact on how the existing product works. Finally, there is a plant patent which can be used for new varieties or breeds of plants, as the name suggests. Based on your work and creation, it should be easy to select which type of patent you need.
Another requirement of the USPTO is a patent search. You will need to search through patent depository library records to make certain that no one has filed for or been awarded a patent for the same creation you have. Many libraries maintain these depository records and make them available for free to the public. In addition, you can begin your search online as well as utilize several alternative online databases. Eventually, though, you have to demonstrate to the patent examiner that you have completed an exhaustive search. This is one requirement where a patent attorney or professional can be useful and cost-effective. As a matter of their regular, daily work these offices perform patent searches. Their access and search methods are well-established and will consume less time than if you do the search yourself.
You also have to make certain that your invention or creation qualifies for a patent. The invention needs to be original and useful or practical. Patent law in the U.S. states that inventions or new products must be “processes, machines, articles of manufacture, and compositions of matter”. That’s not too hard to fit into for most inventors. There have been several other qualifications added more recently, including the concept that the patented product or design must be new. In other words, if you have already been making, using or selling your invention then it will not qualify for patent protection. There is also a “non-obvious” requirement which means that for anyone familiar with your industry, business or market your new invention cannot be an obvious solution or product. This last requirement is a bit more complex, but basically the patent examiner has to agree that your creation is not or would not be obvious to your peers or competitors. How many times, though, have you said, “Wow, I should have thought of that!” about a new product or invention? This does not mean that the invention is obvious, even with hindsight.
Once your homework is done, it’s time to fill out a patent application and file it with the U.S. patent office. The supporting paperwork has to be detailed and describe the invention in full, both from a design or construction perspective as well as a usefulness basis. Forms are available online for you to use or you can find the proper forms in one of the patent depository libraries mentioned earlier. When the application is filed – and you will have to pay filing fees to the U.S. patent office – then you wait to hear from a patent examiner who will review your application, ask questions or get more information if needed, and finally make a decision about your invention. The application process may also be best accomplished by professionals or patent attorneys. They are used to completing the forms in the right way and know what details are needed. And, they can act as a go-between when a patent examiner has questions or needs more information.
Can you get a patent for your invention? Yes, you can as long as you meet the requirements, do your homework, file the paperwork to apply for a patent, and pay the necessary fees. It will take time and effort as well as money for fees, etc. if you choose the do-it-yourself route. If you choose to use a patent attorney or professional, you will need to pay fees to them as well as the patent filing fees. But, the professionals have the benefit of experience and may be able to get your patent in less time. If you want to Patent an Idea first do your research, consult with experts, and take action today.