Patent Attorney and Founder
When you have an idea for an invention it’s understandable that you’re excited and ready to share it with the world. But, before you do that, you should first make sure it doesn’t already exist. If it doesn’t yet exist, you should take the necessary steps to patent your invention before sharing it. Securing a patent will protect your invention and prevent anyone else from claiming your invention as their own.
In this guide, we discuss how to secure a patent.
The Different Types of Patents
Before going through the process of filing for a patent, make sure you know what type of patent affords you the best and correct protection. There are three types of major patents.
Utility
The function of a structure, operation, or composition of a machine, product, or process is considered a utility. A utility patent gives you exclusive rights to prevent anyone else from making, using, selling, or importing your invention for 20 years from the earliest filing date.
For more on utility patents, click here.
Design
The design patent covers the non-functional aspect of your creation, protecting the physical appearance and design. Essentially, it protects the three-dimensional shape of an article of manufacture (something that can be made in the real world).
For more information on design patents, click here.
Plant
While it may seem like this pertains to finding a new species of plant, it does not. A plant patent covers the invention or discovery of an asexually reproduced variety of plant that can be reproduced in a lab setting without the aid of mother nature.
For more information on plant patents, click here.
How To Secure a Patent
You’ve spent a lot of time perfecting your idea, and now it’s time to determine whether it can be patented or not. The patent application process can be intimidating to navigate without preparation and help. To increase your chances of getting your application approved, there are some steps you can take:
- Determine patentability: Be sure your invention qualifies for a patent. It sounds obvious, but this is an important step. If your invention doesn’t meet the patentability requirements set by the USPTO, your application will be rejected.
- Prove commercial viability: What is the problem your invention solves? Is your invention in demand and can you prove it? Detail your findings in writing so that you can show your idea can generate revenue and it provides a purpose. The more detailed your documents, the better.
- Conduct prior art search: This is an easy step to overlook, but it’s crucial. Conducting a prior art search helps you ensure there are no existing or pending patents that could affect your invention’s eligibility. This can be a complex and daunting process, so you may want to consult a patent attorney who can perform this step for you.
- Obtain provisional patent: A provisional patent helps protect your invention from being copied during the 12-month period before a formal patent application is filed.
- Be prepared: It’s more than just the Boy Scout motto, it’s essential to have your ducks in a row before you submit your application. Make sure you’ve got the documentation you need to describe, justify, and defend your invention’s patentability. The more detailed you are, the better chances of not having your application rejected. There are many things you can expect to encounter during the application process, so it’s best to be prepared.
- Contact patent attorney: If you haven’t already, enlist an experienced, trustworthy patent attorney. An attorney who is well versed in all types of trademark, copyright, and patent law for all industries can help you weed through the complex process. This step can be done at any time during your process.
- Submit application: Before completing this step, it’s important to know that the patent examiner will be looking at four factors: abstract, description, claims, and drawings/prototypes. Your application can be filed via mail or electronically. A qualified patent attorney can help ensure you have a detailed account for each of these areas and can submit the application for you.
There is no guarantee that your patent will be approved. In fact, more than 86% of applications are rejected on the first try. This is why it is important to do your research and determine if filing on your own or enlisting the help of an expert is best.
Now that you have determined which type of patent your innovation is qualified for and how to secure a patent, it’s time to get filing! Filing for a patent can be complex and confusing, but the expert team at Bold Patents can help you every step of the way. Contact us today! 800-849-1913