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How to Obtain an Invention Patent

Written by: MissP 600 views

So you had a new and brillant invention , well done.  Now what to do next ? Firstly,  you need to protect your idea and  hopefully make some money out of it.  The steps below will show you to ensure your idea is protected.

Steps

1. Write down your idea. The act of writing will force you to define your invention, break down the invention into its elements, and to think about variations of the invention. Written materials produced as a result will also be helpful for preparing a patent application.
2. A patent search will help you figure out whether your invention is novel. If every element of your invention is disclosed in a single publication, your idea will not be entitled to a patent.
3. Decide on whether you wish to file a provisional or a nonprovisional patent application. The provisional application is associated with relatively inexpensive filing fees but serves merely to “hold your place in line” at the patent office for up to one year. If you do not file a nonprovisional application within that year, all your rights to your provisional application will be abandoned.
4. Decide whether you are going to have a professional, e.g., a patent agent or a patent attorney, draft your patent application or try to do it yourself. Typically, a professionally prepared application will be of a higher quality.
5. Provisional applications are often prepared by nonprofessionals. They can be informal in format but must include sufficient detail regarding your invention to allow those of ordinary skill in the art to practice your invention. Anything absent from a provisional application will not be entitled to protection, so it is better to err on the side of over-inclusiveness.
6. Nonprovisional applications typically require more work. The claims of a patent application set forth the metes and bounds of your invention and define your legal rights in the invention. Thus, this is the part where professional experience really shines through. If you have any money to spend in preparing your patent, this is the place to spend it. An experienced professional can come up with claims that the ordinary person will likely never think of.
7. Once the claims are drafted, the detailed description part of the application can be prepared using the claims as an outline. This is a very detailed description of what your invention is all about. Many inventions need drawings. The numbered drawings will illustrate the mechanisms, processes or procedures necessary to practice your invention. that are the heart of your invention. You will need to refer to the numbers of specific parts of your drawings in your description.
8. Time to file. You need to file your patent with the US Patent and Trademark Office. The fee are shown on the fee schedule at the patent office website.
9. A nonprovisional application will be examined. The examination process is akin to a contract negotiation with a patent examiner. During examination, the examiner will typically ask for clarification of your invention or for a narrowing of the scope of protection sought. In addition, there no guarantee that any application will eventually be granted as a patent. The examination process will vary in duration depending on the nature of your invention and schedule of the patent office.
10. During the “patent pending” phase of your application, you may try to sell or exploit your invention without fear of losing any rights to the invention.

Tips

• Familiarize yourself with the costs and cash flow issues associated with patents before getting started. There is no point in spending the money to get a patent if the patent will not likely pay for itself.
• If you are paying to have your patent application written, then you may want to look for a good patent practitioner. Ask for recommendation from business acquaintances. Call inventors associations for recommendations.
• When looking for a patent practitioner, make sure that s/he is fairly conversant in your technology. Ask for writing samples.

Warnings

• Beware of ads, such as those above, offering invention help. Often these are companies that are expensive and give low quality service.

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