A Helpful Guide To Getting
Your Invention Legally Patented
This article originally appeared on kellysthoughtsonthings.com
Inventions spawn new industries, provide new ways to communicate and conduct business, address societal challenges, and improve quality of life by providing new technologies, products, and services that make tasks easier.
If you have come up with an invention, you must be over the moon.
0However, you need to safeguard your invention and ensure that copycats do not start making knockoffs and profiting off your hard work. That is where patents come into play.
Here’s everything you need to know about patents and how to get your invention legally patented and keep copycats at bay.
What are patents?
Patents are documents that grant inventors exclusive rights to make, use, and sell their inventions.
These documents are issued by the United States Patent and Trademark Office (USPTO), and the rights they provide last fifteen years for design patents and twenty years for utility patents.
Why are patents important?
Getting your invention legally patented is important for several reasons, including:
● Protecting your invention against infringement: When you obtain a patent, you secure the right to take legal action against infringers.
● Providing exclusive rights: A patent ensures that only you can create and exploit your invention, enabling you to generate maximum profit from your idea without facing competition.
● Simplified Licensing and Easier Collaboration: A patent allows you to license your invention to others without having to go through a complex legal process and makes it easier to collaborate with potential partners.
Types Of Patents
There are three types of patents:
● Plant Patents
Plant patents are granted to individuals who invent or asexually reproduce new varieties of plants.
This includes plants reproduced through tissue culture, budding, grafting, or cutting:not through traditional methods like planting seeds.
Plant patents grant inventors exclusive rights to control the propagation, use, and sale of patented plant varieties for twenty years from the filing date.
● Utility Patents
Utility patents cover the creation of new or improved machines, products, or processes.
They protect the functional aspects of inventions and provide inventors with exclusive rights to prevent infringers from profiting off original inventors’ ideas.
Utility patents remain valid for twenty years from the filing date and are granted for various inventions, including mechanical devices, technological inventions, and software algorithms.
● Design Patents
These patents protect the aesthetic or ornamental appearance of inventions, including the shape, design, or a combination of both of a product.
Design patents maintain validity for fifteen years from the filing date and are sought for products with distinctive designs, such as fashion accessories and electronics.
The Patenting Process: How A Patent Attorney Can Help
Here are the steps involved in patenting and how a patent attorney can help.
Conducting A Patent Search
Before applying for a patent, you need to conduct a patent search (also known as a patentability or novelty search) to ensure that your invention is unique.
A patent attorney can help you conduct a patent search and notify you about existing patents containing inventions similar to yours.
The earlier you know about similar inventions, the more money you can save since patent applications cost between $6,000 and $20,000.
Determine The Right Patent Type
Once your patent attorney has determined that your invention is unique, they will determine which patent type is suitable for your invention and the level of protection you are seeking for your invention.
Preparing Your Patent Application
Preparing your patent application is no walk in the park. That is where a patent attorney comes in. A patent attorney will handle all the tasks involved in preparing a patent application, including:
● Completing the Data Sheet: Your attorney will help you complete a data sheet that includes information about you and your invention.
● Description of Your Invention: Your attorney will help you write a detailed description of the purpose of your invention, its structure, and how it works.
● Draft an Abstract: Your patent attorney will help you write a summary of your invention, using no more than 150 words.
● Include Diagrams or Drawings: Your attorney will help you attach diagrams or drawings that illustrate your invention and its functionalities.
Choosing A Patent Application
A patent attorney can help you choose between a provisional patent application and a non-provisional one.
A provisional patent application establishes an early filing date for your invention and protects your invention while you continue to develop and refine it. Contrarily, a non-provisional patent application is a formal application that, after being approved, leads to the grant of a patent.
Filing Your Patent Application
Once you are finished preparing your patent application, your patent attorney will help you submit it to the USPTO. Do not forget to include the required filing fee, which will depend on the type of application.
Watching Your Application Status And Responding To USPTO Communications
After filing your patent application, a patent examiner assigned by the USPTO will review your application and determine whether it is eligible for a patent.
Your attorney will help you monitor your application status and respond to USPTO communications promptly.
Electronic Patent Issuance
If your invention is deemed eligible for a patent, the USPTO will issue a Notice of Allowance and establish a date by which you must pay the application fee. After paying the application fee, the USPTO will issue an electronic grant for your patent.
Get Your Invention Patented Today
Patenting your invention does not have to be complicated.
With the help of a patent attorney, you can breeze through the application process, and once the USPTO has granted you exclusive rights to create, use, and sell your invention, you can make high profits since you will not have any competition.