Introduction
You need to secure your intellectual property (IP) in the competitive business environment today to safeguard your inventions, ideas, and innovations. A patent is a very useful tool that gives your invention legal protection and sole rights to manufacture, use, and market it for a specific period of years. Here in this article, we will inform you about how to patent an invention, what you do, what you need, and what advantage you have with a patent. Do you have any idea and you want to protect it? If yes, then read and get to know how you can protect your invention by patenting it.
• What is a patent?
A patent is a right of property granted to an inventor or assignee with absolute rights to the invention. A patent signifies no sole inventor can make, use, sell, or distribute the invented invention without the authority of the inventor. A patent is granted by government offices, i.e., the United States Patent and Trademark Office (USPTO) or the European Patent Office (EPO), and usually has a validity term of 20 years from the date of filing of the patent application.
• Types of Patents
It is always better to be aware of some types of patents before we proceed further with proceeding to patent your invention:
- Utility Patents: Utility patents are granted to inventions that have a new and useful process, machine, or composition of matter. Most of the inventions like gadgets, machines, or chemicals fall under utility patents.
- Design Patents: Design patents for shape or appearance but not function of an article to serve a desired purpose. It protects only the outer appearances.
- Plant Patents: Plant patents are granted on the new and distinct discovery or development of plants, i.e., flowers, trees, and other man-cultivated plants.
• Why Patent Your Invention?
An invention patent has several useful benefits:
- Exclusivity: Since you hold a patent, you have the privilege of being the only individual who can sell, produce, and trade your invention. You might be able to get the prime position in the market.
- Financial Monetisation Opportunities: Patents can potentially be monetised financially by negotiating licensing agreements or selling patent rights to other businesses. It would most likely be capable of generating revenue on an innovation level.
- Marketplace Opportunity: Patenting your invention gives credit to your business or product, informing others that you have invested money and time developing and protecting your ideas.
- Protection from Others Copying: Patenting your invention prevents others from copying your idea or using it with your permission, establishing business opportunities for you.
• Step-by-Step Guide: Patenting Your Invention
A lengthy and exhausting process is what will be required for an invention to be patented. This is how you might be able to defend your invention:
- Write down Your Invention
As a condition precedent to your filing your application for a patent, ensure that you have all the documents reflecting you as the originator of the idea. They should consist of:
- Full disclosure of how your invention works.
- Designs or models (if any).
- Stamp impressions of the date and place where you initially conceived the invention.
If you have a legitimate record, you will own it in case of subsequent dispute. Have your invention signed and witnessed wherever possible, i.e., a witness.
- Find Out If Your Invention Can Be Patented
All inventions are not patentable. To receive a patent for an invention, the invention should meet the following:
- Novelty: The invention has to be novel and not already publicly made.
- Non-Obviousness: The invention should not be obvious to someone versed in the art upon consideration with respect to prior things.
- Utility: The invention should be useful and for some purpose or other.
It is strongly suggested that a professional patent search be conducted to ensure that your invention is novel and not patented by someone else.
- Conduct a Patent Search
Patent search is the most critical step in patenting. Patent search is to search granted patents to determine whether your invention is new or if similar existing patents already exist.
You can conduct it on most of the online patent databases, such as:
- USPTO Patent Search (for US patents)
- EPO Espacenet (for European patents)
- WIPO Global Patent Search (for international patents)
You can even get it done by yourself or even get it done on your behalf as a patent attorney or agent. A patent search will tell you whether your patent would be accepted or not and whether your idea is new or not.
- Patent Application
Once you’ve made sure that your invention is new and patentable, you’re ready to apply for a patent.
Patent applications are of two kinds:
- Provisional Patent Application: It is the initial one that gives you an early filing date for your invention without patent claims and descriptive details. You may utilise it if you want to achieve an early filing date and then continue developing your invention.
- Non-Provisional Patent Application: Official application with full description of invention, claims specifying scope of protection, and any diagram or prototype if necessary. You will have to file a non-provisional patent application if you wish to pursue a full patent.
The application will contain:
- Full written description of your invention.
- Diagrams or drawings specifying the invention.
- Claims specifying your desired scope of protection.
- Patent Examination Process
After you make a submission of your patent application, your patent office will screen it. The claims of your patent will be checked by the examiner in the event your invention is absolutely lawful in all aspects. You will have a need to give a response back for amendment or correction in the event of any negative aspect or questioned ground to the examiner.
- Patent Grant
The patent office will grant the patent, refuse the patent, or ask for additional revisions. It is better to be in a position to make whatever errors are present at this time.
When your patent is granted, your patent office will grant a patent grant. Your patent office will not give another right of your invention to any other individual until the patent expiration date (typically 20 years for utility patents). You will be required to pay fees in the future to keep your patent Cost of Filing a Patent
The price of a patent application will differ with such aspects as the type of invention and whether you are working under or outside the jurisdiction of a patent attorney. A US patent application will cost anywhere from $5,000 to $15,000 regardless of the costs of a patent search, application, and attorney’s fee.
Even though it is costly, the value of payback in having a patent can be just greater than the expense if it would be able to give protection to your invention and acquire business worth.
Conclusion
Patents are good tools to protect your invention, innovation, and ideas. Patenting your invention gives you a monopoly in your invention, and thus you are market competitive. It is not an easy task, but you must learn to suit yourself with the procedural process adopted in it, right from note-making of your invention to application filing and examination.
If you are an entrepreneur, inventor, or businessman, your intellectual property will be protected by a patent and will generate new business. Let the intellectual property attorney or patent specialist do it and protect your precious inventions.
Frequently Asked Questions (FAQ)
Q1. How long does it take to get a patent?
ANS) Depends, but usually 1 to 3 years would be how long it would take the patent office to review and grant a patent.
Q2. Can one patent an idea without a working model?
ANS) You do not require a model to work prior to applying for a patent, but you should have a good and clear idea of how your invention works. You would use a working model in some cases.
Q3. What is the cost to apply for a patent?
ANS) Patent application is extremely costly, depending on complexity and location of jurisdiction. United States attorney and filing fee ranged from $5,000 to $15,000.
Q4. Can a product already in the marketplace be patented?
ANS) No, your invention cannot already be in the marketplace and publicly known prior to your filing. If your product is already in the marketplace, it will fail the test of novelty to be patentable.
Q5. Can I patent an application or software?
ANS) Yes, software or application inventions can be patented, but they must be useful, non-obvious, and novel. The patent, in most instances, will be for the new procedure or process employed by the software and not for the software itself.
Q6. Do I need to hire an attorney in order to file a patent?
ANS) It’s preferable that you hire a patent agent or attorney, but it can be done by yourself. They will help you fill out the application correctly and get your best outcome.
By doing the above and legally safeguarding your invention, you can earn yourself a spot in the market and harvest your sweat. Don’t squander your intellectual property by not protecting it by going through the process of acquiring a patent!