How to Get a Patent for a Product Idea, Invention, or Process

Investigate Patents and Patents Pending Choose the Right Type of Patent Contemplate a Provisional Patent Application File with the USPTO

If you have a wonderful innovation, you should think about seeking a patent. A patent lawyer may be quite useful throughout the procedure, but it is not required. Yet, considering the time and expense of obtaining a patent, most consumers seek advice from an attorney. Here’s a summary of how to get a patent for a product so you know what to anticipate.

Investigate Patents and Pending Patents

Patents are granted to the first inventor who registers the innovation; this means that if you have a brilliant idea but someone has previously patented it, you won’t be able to patent yours unless it is original and significantly different. To prevent wasting time and money, you should investigate patents and patents pending. Most large cities have libraries where actual copies of USPTO patent files may be found. You may also search the USPTO Patent Full Text Database online. Try to hunt for related patents rather than ones that are identical to yours.

Choose the Right Kind of Patent

You may choose between utility and industrial design patents. Utility patents are among the most sought-after and costly patents, granting 20 years of protection for utility-based ideas or processes. Industrial design patents give 14 years of protection and are available for product designs and aesthetic features.

Consider submitting a Provisional Patent Application.

It might take months or years to hear back on the status of your patent. You may file for a Provisional Patent if you wish to market your idea or if you’re worried that someone else will attempt to patent it beforehand. Provisional patents serve as a distinguishing feature. If you finish the real invention within twelve months and it is approved, the filing date of your Provisional Patent qualifies as the registration date for your patent. Provisional Patents, in addition to being substantially less costly, give the same protections for the same 12 months and are simpler to finish the application.

Fill out an application with the USPTO.

After deciding on the proper patent, you must begin the application process. These applications are available for download from the USPTO. When it asks you to explain your innovation, you must be as precise as possible. You are not need to have a prototype. Yet, you must have enough material to demonstrate that your notion is more than simply a theory. Whether you have a concept or an actual invention, you should demonstrate its precise applications or design, as well as what makes it new and distinguishes it from previous patents. You are not required to compare it to previous patents that have been issued, although you may do so if you believe it would assist.

When you have completed the application, double-check all of the information. Consider getting it reviewed by someone else to ensure that it is comprehensive. Then, with the appropriate fees, send it to the USPTO. You may not get a response until they have determined whether or not to award the patent.