Patenting your idea can be an expensive and time-consuming process, but it’s also one of the most valuable things you could do to protect your intellectual property. Here are some tips to help make sure you’re ready when the patent office finally grants that coveted no. Do you believe you’ve come up with the next greatest thing? That’s fantastic! We’re presuming you’re reading this because you think that concept has real commercial potential, and you want to patent it before someone else claims it as their own. We have some good news and some negative news to report. We’ll start with the negative information. A concept cannot be patented. “The invention itself must be created, or a patent application including the innovation must be submitted with the United States Patent and Trademark Office (USPTO),” according to LegalZoom. Now that the cat is out of the bag, the good news is that you can develop a prototype or model that will enable you to proceed with your patent application. However, this is just the first stage in the process. We’ve put up this guide to assist you in your patenting process. Follow along to get your concept off the ground.
The Simple Steps to Patenting an Idea
Patenting an invention might seem to be a difficult task. How do you go about claiming ownership of an idea such that no one else may use it? Fortunately, the procedure isn’t too tricky when it comes to patents. You may also employ an attorney to help you if things grow too confusing. You might also acquire an excellent book to guide you through the procedure. If yeast Nolo’s “Patent It Yourself” book.
T if you decide to do it alone, his book takes you step by step through the process of drafting and submitting a patent application, including:
- Patent laws and information
- The most recent USPTO filing rules are available here.
- How can I do a patent search?
- What is the difference between a normal and a provisional patent application?
- What are the best ways to commercialize and license your invention?
We’ll go through the book in more detail further down. Here’s how to get started with the procedure.
Use the United States Patent and Trademark Office to search (USPTO)
Before spending even more time on your concept, be sure it hasn’t already been patented by someone else by using the USPTO search engine.
You may do a fast search here to see if any ideas are similar to yours that are already out there. You may also do a more in-depth advanced search to confirm that your concept hasn’t previously been implemented. Your patent attorney will almost certainly do a more in-depth investigation, but a short first search is critical before paying your attorney a large sum of money to dig further.
Keep track of your concept and the steps you took to get there.
When you’re trying to patent anything, it’s critical to maintain meticulous documents of how you came up with it from the beginning. You’ll also want to keep track of the steps you took to make that vision a reality. This record will serve as evidence that you came up with the concept on your own, which will be helpful when it comes time to submit a patent application. Have a diary or notebook dedicated to your idea and the process, covering the initial idea, any adjustments or corrections, and everything else that occurs before filing a patent application. It’s a good idea to sign and date every entry in this notebook or diary and have witnesses sign if feasible.
Keep track of anyone you told about the concept.
Keeping track of who has been provided access to your concept is just as crucial as keeping track of the process of converting your idea into a patent. Non-disclosure agreements (NDAs) from anybody who may be engaged with the project, including friends, workers, contractors, and others, are the best approach to achieve this. NDA templates are available for free online. Check that they are appropriate for you and your concept, and have everyone discuss it with sign one.
Parts of Patenting that are Difficult
As exciting as the concept you want to patent is, you must follow a few procedures before getting to the actual patent, some of which are tough.
Paperwork
Anything involving legal documents may quickly become problematic. Patenting is no different. All of the paperwork for your patent must be completed correctly to accomplish things lawfully and adequately. If this is your first time patenting anything, the legal procedure will be unfamiliar to you. That is why we strongly advise you to hire a patent attorney to conduct the legwork for you. Yes, a patent attorney will set you back a significant chunk of money, but if you believe your invention is brilliant, it is well worth the investment. Below, we’ll go through this in further depth.
Making a model or prototype
Because you can’t patent a concept, you’ll need to build a prototype or model to proceed with your application. This gives you something substantial to work with later on when seeking investors. A prototype also aids in determining whether or not your concept will work. If you’re having trouble putting together a prototype, it’s time to go back to the drawing board before filing for a patent.
The prototype may take a variety of forms:
- Drawing
- 3-D model mockup
- Model is fully functional (either real-life or a computer-rendered one)
This is a problematic aspect of the procedure. It’s the first time you discover if your concept can grow into anything more than an idea or whether attempting to make it a reality is where the idea dies. If creating prototypes and models isn’t your strong suit, you’ll want to employ someone you can trust to do it for you. Just make sure they sign a non-disclosure agreement beforehand.
Steps to patenting an idea:
Step 1: Engage the services of a patent attorney.
You can go through the patenting procedure without hiring an attorney, but we don’t suggest it. Patents are a complicated procedure, and each stage must be completed lawfully, or your hard work will be wasted in court fights. If you have the financial means, hiring an attorney is the first step in the patent process that we recommend. It’s worth noting, however, that not all patent lawyers are made equal. As a result, it is your responsibility to investigate and locate an attorney who has the necessary qualifications.
- The Characteristics You Desire in a Patent Attorney
Case studies of success You don’t want a patent lawyer who has never helped a client effectively patent anything. Make essential to inquire about the attorney’s expertise in drafting patents that have been granted. You want someone who has navigated the rocky path of patent prosecution and emerged victoriously. Extensive litigation experience You may need to defend your patent in court at some point, so you’ll want an attorney on your side who has done it before. If you find yourself protecting your intellectual property, you’ll need a lawyer who can effectively prepare your claims to assist you to succeed. Excellent communication There are a lot of steps to take, and you’ll need an attorney who will keep you updated on everything.
Furthermore, many individuals discover that their original patent application is rejected. So you want a lawyer who takes that denial, contacts the patent examiner, and arranges a meeting to figure out why your invention was refused and what has to be done to have it approved. Finally, you want a lawyer who will organize the conference and handle it in a cool, calm, and collected way.
1. Efficiency
When you’re paying hundreds of dollars per hour for an attorney, you want to know that they will be as efficient as possible and get things done quickly.
2. Exceptional writing abilities
This may come as a surprise, but your patent attorney must be able to draft straightforward patent applications. Ask to read some of the previous ones they have written to see whether this is the case if Theorney’s writing abilities should be sufficient to complete your application.
Step 2: Get The Book If You Want To Do It Yourself.
If you’d instead go the DIY way to save money, make sure you have the equipment and instruction you’ll need to take on this trip on your own. “Patent It Yourself” is a book written by two patent lawyers that walks you through the process of filing a patent application. It is updated regularly with new material and instructions, so you always know what’s going on in the patent field.
“Patent It Yourself,” which is available as a book and an ebook, has all of the necessary information as well as forms for you to complete the following:
- First, conduct a patent search correctly.
- Next, recognize the possibilities of your concept.
- Finally, make an application for a provisional patent.
- Prepare an application for a patent.
- Respond to examiners of patents.
- Make sure the prototype or mockup is done appropriately.
- Defend your legal rights.
- Take action against infringements.
- Promote your innovation.
- Obtain a license for your creation.
The eBook costs $39.99, while a package includes both the complex book and the eBook costs $44.99. When you buy the book, you’ll also get access to a website where you can get all of the paperwork you’ll need.
Step 3: Search for patents.
This is, without a doubt, the most crucial step in the patent application process. Does a patent already protect your concept? Knowing ahead of time will save you a lot of time, money, and legal problems if this is the case. Because the patent search is an essential procedure that may take a long time, many individuals delegate it to their patent attorney. Though it will cost you a lot of money since the search takes time and time is money for lawyers, it may be preferable for you to pay rather than try to perform the search on your own with no previous understanding of what to look for or how even to complete the essential elements of the search. Some consumers choose to do a brief search on their own before entrusting their patent attorney with a complete investigation.
- Conducting Your Patent Search
Here are some procedures to follow when doing a patent search, whether you want to do it totally on your own or conduct a preliminary investigation before paying an attorney to dig further. These are the measures that the US Patent and Trademark Office recommends (USPTO).
It’s known as the Seven Step Strategy, and it goes like this:
- First, create a list of words to define your innovation or concept depending on its purpose and use.
- Use the USPTO’s site search box to look for original patent categories.
- Verify the classification’s relevance to your idea/invention after you’ve identified it.
- Using the USPTO’s Patents Full-Text and Image database, you may find patent filings that fall into this category.
- Examine the relevant patents in detail and double-check references.
- Use USPOTO’s Applications Full-Text and Image database to complete the procedures above.
- Extend your search by using other keywords and visiting different websites.
Step 4: Make a Model or Prototype.
A concept, as previously stated, cannot be patented. That is why this is such a crucial phase in the process. This is the stage in which you transform your concept into a reality. You may now begin filling out the patent application. If you don’t know how to develop your idea into a prototype or model, employ someone who does. You may make a physical prototype or a graphic model that illustrates your vision for your prototype. Which path you choose with your model is determined by your concept. This is when you get a more profound knowledge of your argument. What is the mechanism behind it? What does it resemble? Is this something that people are interested in?
Step 5: Submit Your Application.
You’ve completed all of the prerequisites to reach this point: the application itself. You’ve completed your prototype. You’ve done your research. You’ve discovered that your concept is unique and ready to be shared with the rest of the world. But first, you must complete the necessary documentation. The majority of innovations come under utility patents, which are granted to inventions that are judged proper. This is a stage that you will primarily perform with the help of your attorney. They may wind up handling the whole procedure (after all, isn’t that what you paid them for?). They may decide to submit a provisional application first before filing a complete patent application.
Why?
Because a provisional patent gives you a deadline to finish your final application, which is usually 12 months after the provisional application is filed, when you file a provisional application, you instantly get the “patent pending” mark on your innovation which legally shields you inst infringement.
After you’ve filed this, you may begin working on the actual patent application.
The application must include complete information regarding the following:
- What your invention/idea accomplishes
- How is it created?
- What it can be used for
- How it solves problems
- What is a product’s evolution like?
- How it’s constructed
- What seems to be
Although you may apply by hand, it is advised that you save $400 and time by using it online. The standard filing price for a utility patent is $320, but the USPTO fee schedule may help you figure out exactly how much your patent application will cost.
Step 6: Begin Your Marketing.
You may lawfully begin promoting your idea now that you have a “patent pending” status. You cannot start marketing if you have not filed the provisional application. If you did, congratulations. You may get started right now. This is a fantastic chance to get the word out about your innovation and build excitement so that once the patent is authorized, you can go forward with it at full speed. It’s important to remember that the “patent pending” status only shields you against infringement if the patent is granted. If a problem arises before then, you have the right to write a cease-and-desist letter. Otherwise, it would be best if you waited until the patent application was authorized before filing a lawsuit.
Frequently Asked Questions
How much does it cost to patent an idea?
A: It is difficult to say that every patent and invention has its own unique set of rules for its costs.
Can you patent an idea for free?
A: It is worth noting that, in general, patent rights are not free and may be limited by the state.
What is a poor man’s patent?
A: It refers to an invention that has not been patented yet.
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