How to Get a Patent
If you are an inventor and have created an item that you think has potential in the market, you may want to patent your idea. Patents are a great way to protect your ideas or products from being copied by other businesses and individuals. While the patent process can be complex at times, anyone with a great idea or item can usually get a patent with just a little know-how. Here are some tips.
What is a Patent?
A patent grants specific property rights to an inventor of an item. Patents are issued by the US Patent and Trademark Office. It should be noted that a patent granted by the USPTO is only valid in the United States, US territories and possessions. A patent usually gives the inventor specific property rights for 20 years from the date a patent application was filed with the USPTO. With certain patents, it is possible to extend or adjust this period of time.
When an entity is given a patent over an item, it gives this entity the right to exclude others from making the same product, selling the same product in the US or exporting it to another country outside of the US. It should be noted that even though an entity has been given a patent, it is up to this entity to enforce it, meaning that in many cases, the entity with the patent must resort to suing other individuals or businesses that they feel have infringed on their patent rights.
Three Types of Patents that are Issued
There are three distinct types of patents issued by the USPTO. They include:
Utility Patents - utility patents are granted by the USPTO to anyone who invents or discovers one of the following; a new machine, a new composition of matter, a new way to process items, a new and useful improvement over items and a new article of manufacture.
Design Patents – design patents are granted to those that invent a new or original ornamental design for an item of manufacture.
Plant Patents – A plant patent can be granted to those that have come up with or even discovered a plant that asexually reproduces itself. This plant must be new and distinct from other varieties.
How Patents Differ from Trademarks and Copyrighted Materials
It should be noted that many people get patents confused with trademarks and copyrights. Below is the description of each:
Trademark – Trademarks are words, symbols and the commercial names that distinguish particular goods from others in the market (e.g. the golden arches of McDonalds are a trademark).
Copyright – Copyright is a form of protection for authored works. These authored works can include books, music and movies. It should be noted that copyright protection can be used on both published and unpublished materials.
Perform a Patent Search
If you still believe that your item can receive a patent, your next step to obtaining a patent is to first research if your item has already been patented – a thorough and extensive patent search must be made so that you don’t continue a laborious and costly process when a patent already exists.
The easiest way to research a patent is via the web. You can visit the USPTO website and search for patents as far back as 1971. If you have invented an item such as a new technology that there was no chance of creation before 1971, you are ahead of the game. However, if your invention is an item that could have been conceivably patented before 1971, you will have to search a Patent and Trademark Depository Library. The cost of doing so is quite expensive at $30 to $80 per hour. It should be noted that you can also search microfiche at these libraries for free. You can find a list of Patent and Trademark Depository Libraries at the USPTO web site: www.uspto.gov.
Applying for a Patent
There are two types of patents one can apply for. They include a Provisional Patent and a Regular Patent.
Filing for a Provisional Patent
Instead of going through the entire legal process to secure a patent, if you are the inventor of a product and would like to gauge the interest of your idea or are afraid that someone may steal your idea, you can file a provisional patent. A provisional patent is quite simple to file, very affordable and many inventors do so without legal representation.
It should be noted that a provisional patent only lasts for one year. At the end of one year, you must file a regular patent or you will no longer have any legal recourse to the patent rights of the item.
In a provisional patent you must include a detailed description of your idea. It should be noted that if you choose afterwards to file a regular patent, you will not be able to change the item in anyway. The item listed in the provisional patent must be the exact item in the regular patent.
When filing a provisional patent application, you must include the following information on the USPTO application:
Cover Page
Detailed Description of the Product
Drawings of the Product (it should be noted that these drawings do not have to be overly technical, but they do have to show the product clearly)
$150 fee for medium and large businesses, $75 fee for small entities (for a small entity, you must include a declaration stating you are a small entity).
Filing for a Regular Patent
When filing for a regular patent, there are two main components of the application, they include the specification and the claims.
The Specification
The specification is a highly detailed description of how to make and use your invention. It should be comprehensive and as a good rule of thumb, it should include enough detail that a similar skilled individual in the same field can reproduce the item. Besides a written description, you may have to include detailed drawings and diagrams of the item.
The Claims
The claims component is extremely important as well. This is the part of the application in which you describe those aspects that are new and inventive. Because what you state is new and inventive is what ultimately protects your patent, you should define your claims in extremely fine detail. The stakes are extremely high, so make sure you take the time to write down everything new and unique about your invention.
Difference between a Provisional Patent Application and a Regular Patent Application
There are three key differences between a provisional patent application and a regular patent application.
A provisional patent application is much easier to fill out than a regular patent application. Drawings and descriptions do not have to be detailed and you don’t have to complete a claims section, which is the most complicated part of the regular patent application.
A provisional patent application only protects your invention for the length of one year, so it isn’t really a patent, but it does give you time to think about your invention and determine whether it is worth the process of a regular patent.
A provisional application is easy to get; just fill out your application and submit it. Since a patent examiner doesn’t have to judge your patent, it is a very convenient way to keep your invention safe for the length of a year.
Legal Representation
If you are interested in filing a patent for your item, it is always a good idea to talk to a patent lawyer. Receiving a patent can be extremely time-consuming and involves plenty of obstacles. While legal representation can be costly, if you believe your product has potential it is well worth the price to ensure your patent is filed correctly.
Resources
The process to receive a patent can be tedious, time-consuming and litigious. You can find much more information about the patent process at the USPTO website: www.uspto.gov. You can also download any application forms that you need, request help or clarification from a USTPO representative, search the patent database and much more. Besides the USPTO resources, there are plenty of forums online, books in print and magazine articles, which one can use to learn about the process.