Learn the first and most important step in patenting an idea - let no one else get in front of you!
You have a
good and memorable idea; an ingenious way to solve an old problem or a
revolutionary new technology.
As a crucial
first step, make sure that your idea is unique, that it is not yet patented. You
must learn to perform a patent application.
If you have
the money, your best option is always to hire a qualified patent attorney. A
skilled patent investigator will cost you thousands, but can ultimately save
your bacon.
Let’s say you
have just gotten started and do not yet have the financial support or personal
savings to fund your patent application. You can still get started, and whether
you fill out the patent application yourself or just see your initial findings
as preliminary research, there are plenty of free tools to get you started.
Here are some
of my favorites:
Get started
searching for Google patents.
I like
Google's patent search engine as a starting point, but this should certainly
not be the only research you do. It gives you fields like Patent Office, Filing
Status, Patent Type and Filing Date (and you can also sort the results by
different parameters), but it is quite limited when you compare it with other
engines.
Therefore, it
is a good starting point for a broad patent search. If you immediately find a
patent on your invention, well ... let's return to the drawing board. At least
you have nothing left but time. Google's patent search is also a great resource
for historical searches.
If this turns
out to be nothing, keep researching it.
Search the
United States Patent and Trademark Office.
Your next
stop is the USPTO. If this is your first time participating in the patent
collection, invest some time in the excellent learning resources.
Completing a
preliminary U.S. patent application is a completely free online course that
takes approx. 38 minutes to complete. Before you start, it is important to
decide what you are looking for.
How would you
or someone else describe your invention?
What terms
would people use to describe its appearance, how it works and the materials it
is made of?
Think about
how to apply for a patent from different perspectives. How would an artistic
person describe their invention? And an engineer? The Google AdWords Keyword
Tool is designed to display PPC search terms, but it may suggest alternative
terms that people may use to describe your idea.
Brainstorming
the various terms and phrases that people might use to describe a product like
yours increases your chances of finding a result in your search, if one exists.
Then use the
USPTO's 7-step US Patent Search Strategy Search to conduct a comprehensive
search of your site.
If you have
not found anything so far, check the Free Patents Online database again.
Use other
patent research tools to confirm your findings
Free online
patents and Patent Monk are great places to look for the latest technology, as
is Espacenet, which is managed by the European Patent Office.
Well, on that
...
There is a
big world out there, and once you are reasonably sure that you have exhausted
your US patent research opportunities, it is time to seriously consider
recruiting professionals. You will probably want someone with experience in
international patent searching by your side to make sure your bases are
covered.
If in doubt
about where to go, contact a Patent and Trademark Resource Center (PTRC) near
you. Their employees cannot provide legal advice, but they do provide access to
useful patent application resources, including local patent attorney books,
intellectual property rights, assistance in completing a decades-old patent
application, and more. Click here to see PTRC lists by state.
There are
many people and resources available to help you learn how to patent an idea. If
you want to be alone, read my guide How to file a patent in 8 easy steps below.
The 10 patent
commands: when and how to file a blockchain patent
Keep a
careful record of your invention:
This includes
every step of the process, you must describe and map all aspects and changes as
they occur. Also indicate where you got the idea from. A test / prototype is
very useful. Sign and date all the records in the book and, if possible, also
sign two trusted witnesses.
Check if
your invention is eligible for patent protection:
A patent must
be new, discreet and useful.
Novel: the
invention must be new and different from everything that exists, which is
called state of the art. It may not have been previously published or may not
be available for sale. It should work at the time of applying for the patent.
Not obvious:
To qualify as non-obvious, the invention must be so unique that one skilled in
the particular art of the invention will see it as an unexpected or surprising
development.
Useful: The
invention must have a practical benefit or help people complete a task in the
real world.
Choose the
type of patent that suits your invention:
Utility
patents: (the most common) - an invention must be:
A process to
achieve a useful, concrete and tangible result, for example: investment
strategy or e-commerce process
A machine
with moving parts or circuits, for example a copier, camera
An item of
manufacture, for example, an eraser, a tire
Design
patents: new, not obvious, not functional; for example, a new type of something
that already exists. For example: aerodynamic triathlon bike.
Plant
patents: (the least common) - must be new and not obvious. Example: a new
variety of plants reproduced asexually in an uncultivated state.
Make sure
your invention is not patentable:
Furthermore,
processes performed by human movement, such as choreographed dance or sports
movements, cannot be patented. Most surgical methods, dangerous new drugs,
inventions for illegal activities, and creative content are also patentable.
You can patent computer software because it is considered more than just a
mathematical formula, as it has a specific application.
Evaluate
the commercial potential of your invention
Obtaining a
patent is not cheap; it is often necessary to hire a lawyer and a professional cartoonist.
There is also a filing fee of approximately $ 1,500 to file with the USPTO.
Do a
comprehensive patent search
This search
includes both registered US and foreign patents and everything published in
magazines related to your invention. One of the best places to start your
search is www.uspto.gov. This search includes all patents issued in the United
States since 1976 and all patents pending since 2001. Another great resource is
www.google.com/patents, dating back to 1790 for patent applications. text. Some
paid search sites are:
Prepare and file your patent application with the USPTO:
There are two
types: a general patent application ("RPA") or a provisional patent
application ("PPA").
Determine
if you are a micro, small, or large business:
The fee to
submit a PPA ranges from $ 65 to $ 260, depending on whether you are a micro,
small, or large business.
Micro drive:
Qualify as a
small entity defined by the USPTO
It is not
mentioned in more than four previously filed patent applications;
You do not
have a gross income that is more than three times the median household income
in the previous year from the time benefits were paid. (For 2011, the median
income was $ 50,054);
You do not
need to assign, grant or transfer a license. [8]
Small unit:
An
individual:
A company
with smaller businesses that has no more than 500 employees (or affiliates).
A university
or
A 501 (c) (3)
non-profit organization.
Main unit:
Anything that
does not qualify as a micro or small device.
Send
first:
You must
submit an RPA request within one year of receiving the PPA; otherwise, you will
lose your "patent pending" status.
