What is a Patent / How to Patent

Posted on19. Oct, 2009 by larspk.

What is a Patent / How to Patent

 Before I explain how to patent your next word changing, money making invention it is important to understand what a patent is, what types of patents are available, and what things to consider before applying for a patent.

What is a Patent?

A patent is a property right given to the originator of a new invention, process, or design. New patents are issued by the United States Patent and Trademark Office (USPTO). Patent ownership grants the exclusive right to exclude others from making, using, offering for sale, or selling the invention in the United States. Hence, inventors often seek patent ownership to prevent others from stealing what they have worked so hard to produce. Patents promote, among other things; research and development, advanced technology, health care, and a better way of living. It is up to the owner of a patent to watch for infringement. Civil suits may be filed to award the owner damages related to the infringement.

Types of Patents

 The USPTO offers three patents:

1. Utility Patent – Available to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. Utility patents last 20 years form the date of filing.

2. Design Patent – May be granted to anyone who invents a new original, and ornamental design for an article of manufacture. Design patents last 20 years from the date of filing.

3. Plant Patent – May be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Plant patents last 14 years from the date of filing.

 Questions to ask yourself

• Do I have enough money to obtain a patent?
• An average patent will cost between $10,000 and $30,000.
• Am I willing to take the time necessary to obtain a patent?
• Patents are not issued very fast, the approval process can take 1 to 2 years from the original application filing date.
• Is my invention feasible?
• Determine if the marketplace has a need for your new invention, how much it will cost, and forecast earnings from this information.
• Should I consider a Provisional Patent?
• Provisional patents are a cheap and easy way to temporarily protect your invention for a period of 12 months. Generally people apply for a provisional patent to test the marketplace before going through the burden of a formal patent application. Provisional Patents cost $220.

 How to patent your invention

If your business model is feasible and you have both the time and money to finish the application process it is now time to take the next step and patent your invention!

1. Patent search – Before you apply for a patent it is a good idea to conduct a thorough patent search. Performing a patent search will uncover any existing patents so you do not infringe upon them. Visit www.uspto.govand perform a broad search in multiple categories slowly narrowing your description. If you find there are no pre-existing patents filed you have successfully finished the first step. At this point it is highly recommended that you hire an attorney to perform a professional patent search this costs about $600 and will assure you that indeed nobody has filed a patent that you would otherwise be infringing upon.

2. Description – A written description must be submitted. The description should describe in detail how proposed invention was made and how it will be used.

3. Drawing – An accurate drawing must be submitted in the application. A detailed description of the features in the drawing are also required.

4. Claims – A formal claim as to exactly what it is that you are patenting is essential. Be very careful what you are claiming. Claim the wrong thing and your patent may be unenforceable. Again, it is highly recommended that you consult with a lawyer.

5. File – Submit your fees and file your application.

Need Help?  Visit LegalZoom.com  File Your Provisional Patent in 3 Easy Steps

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