So, you have an idea for a business or an invention. Before you get too excited about the possible windfall coming your way when you are successful, you should first get a patent for the idea. There is a complicated process if you are to get a patent for a creation of yours before you can bring it to market. However, the process can be distilled to the following four steps:
Step 1: Prep Work
Before you hire a patent lawyer or file for a patent, you need to do some preparatory work. There are several questions that you will need to ask yourself and answer.
The first question you will have to ask yourself is if you have an idea or an invention. You should know that you cannot patent an idea so you should have definite and tangible plans for an invention if you are to patent it. Your description of the invention should be so clear that one can easily picture it.
You will then have to find out if your invention is eligible for a patent. You should get an eligibility opinion from a licensed and registered USPTO patent attorney. You may be barred from filing a patent for your invention due to legal reasons.
The next part of prep work will be defining who the inventors are and who owns the invention. It may seem simple enough but there is a lot of contention that can arise at this stage.
You should also determine whether your invention is financially viable at this stage.
Step 2: Conduct a Patent Search
The next step will be to conduct a search to see if there are any similar patents to yours. If there are, you may be unable to file your patent.
There are three major considerations to consider when doing a patent search. The first is eligibility with which, as stated above, a licensed and registered USPTO patent attorney for example Camuti Law will help you. You should particularly ask the lawyer to elaborate on US Patent Code 35 USC 101.
The other consideration is the novelty of the invention. The third consideration pertains to the non-obvious nature of the patent. The consideration seeks to determine whether your invention is a variation of a previous one.
The more eligible, novel and non-obvious your invention, the more likely your application will be approved.
You will use a plethora of online tools by Google, the USPTO and the other relevant parties to conduct your search. The process may be long and tedious but may cost you more in the long run if you don’t do it.
Step 3: Filing Your Patent
Once you have successfully completed your patent search, it is time to file your patent. However, there are various time schedules, costs and applications to consider.
There are many different types of patent applications available for inventors. On the other hand, only one patent will be issued per application so it is necessary you make the correct application.
At first, you will be given a provisional patent application. The application serves the purpose of preserving a filing date which will last for a year until when you can get a permanent patent application.
During that year, you have the opportunity to create a prototype for your invention, take it to market and ascertain the claims of the invention.
After the year is over, you will then receive a non-provisional patent application. It is the application that is actually submitted to and evaluated by the USPTO. The application has serious formality requirements to which you have to adhere.
You may have to submit a divisional patent application if you have to meet special requirements from the USPTO. If you plan on selling your product in several countries, then you will also have to file an international patent application.
Step 4: Post Filing
At this stage, you will have filed all the necessary patent applications and will be awaiting a response from the prosecutor at the USPTO. It takes varying amounts of time to get a decision depending on a myriad of factors.
It is common for a patent application to be rejected the first time around. On the other hand, you will receive the reasons for rejection and can solve them before applying again.
You will also be invited for one-on-one interviews with the examiner at the USPTO office near you. If the examiner cannot come to a decision, your patent will be forwarded to higher authorities.
You may be called in for more office actions at the USPTO but when they are satisfied, they will send you a notice of allowance. You can then begin plans to take your product to market.
In conclusion, there are many elements included in filing a patent and the above is a very minimal outline of the process. There is much more to be done after you have received your patent. However, the above steps are the basic ones to filing a patent.
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