Have you invented something so cool, useful and original that the rest of the world would no longer live without it? Unless you want to make others rich with the benefits of your ingenuity, you will probably patent it.
(Note: If it's a trade name you're talking about, you're
actually behind a trademark. You also cannot patent a book, a piece or a song -
it's copyright.)
How to patent an invention?
For the uninitiated: A patent is a type of monopoly that the
government grants to inventors for a specified period of time, giving the
inventor the exclusive right to make, sell, use or otherwise make money. In
fact, it ensures that no one else can steal your unique design / idea.
Even if you work with a patent attorney, this is your baby
and you need to familiarize yourself with the process as best you can.
How to apply for a patent in X-steps
Contact the United States Patent and Trademark Office.
Before investing another dollar or minute of your time, use this search engine
to make sure your idea is not proprietary. Make sure your idea is unique and
you can patent it in the USPTO.
Find a patent attorney. The application process can be
greatly simplified with the help of an experienced lawyer, who can also help
you avoid mistakes that can later be costly. Decide what type of patent you
need. Do you need a utility, design or plant patent? This controls the process
you will use to apply for the patent.
Submit a preliminary patent application. This provides a
protective layer if someone later claims they had the idea for you. As Issie
Lapowsky points out, U.S. patent law is a system that must be filed first, not
first invented. You have to be fast, otherwise you are clumsy.
Become a registered eFiler. You can file your patent
application by mail or fax, but the easiest way to do this online is through
the USPTO website. Delete your eFiler registration and read the latest submission
resources to make sure you know what is expected of your application.
Collect information for your formal application. You must
prepare a specification that includes a summary, background, summary, detailed
description and your conclusion, including implications and scope. You will
also need to determine the legal scope of your patent, and again I recommend
that you hire an experienced patent attorney unless you are 100% sure that you
have the skills and experience to handle this alone. .
Fill out and review your formal application. It takes an
average of one to three years to process a patent application. You do not want
to be rejected due to unnecessary or simple mistakes, so make sure to get the
best deal the first time.
Participate in the patent process. You will be assigned a
patent examiner for your case. If you receive correspondence or requests from
them, please respond as soon as possible. Keep in mind that if you have an
attorney, the USPTO will contact them directly so you should get their updates
there. You can speed things up by proactively communicating with the patent
attorney; Consider conducting an interview to address your concerns (you can do
this via video conference).
If your application is denied twice, you can appeal to the
Board of Patent Appeals and Trials.
Do you need to apply for a patent?
I filed a couple of patent applications in 2010 and they are
still awaiting with much back and forth between me and the USPTO. We will
probably never sue other companies, so it's more of a defensive tool for us.
Think of it as insurance - you hope you never need it, but it can be nice to have it.
