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Obtaining a patent can be a lot of work, but it doesn't have to be terribly difficult. With the following information you can make the whole process a bit clearer and less stressful.
First things first- What is a Patent?
A patent gives the inventor the right to make, sell, or use their invention and exclude others from doing so for 20 years. There are three different types of patents:
Utility- these patents are granted to anyone who discovers or creates a new and useful machine, process, compositions of matters, article of manufacture or a useful improvement of such.
Design- can be obtained by those who invent an original ornamental design for an article of manufacture. It may be the configuration, the surface ornamentation or both. Generally, the design refers to how the article appears. It differs from a utility patent, which protects how an article works. If protection is wanted for both its appearance and its use, then both patents may be obtained.
Plant- such patents may be obtained to protect any newly discovered or invented variety of plant.
What Can't Be Patented
Natural processes can't be protected by a patent. You may obtain patent protection for something that uses a natural process, but you can't exclude others from using those processes in the future. Also, natural products cannot be patented.
Business methods and printed material usually cannot be protected, nor can an idea be patented. The patent application must include a detailed description of the invention and how it works, not just an idea for a new invention.
Also note the invention must have a useful purpose and must be able to operate and perform its intended task. Inventions that do not fulfill this requirement will not be able to obtain a patent.
Performing a Patent Search
So you have a good idea, but are you the only one who has thought of it? You'll need to do a search to be sure. One option is performing a patent search online. The U.S. Patent & Trademark Office (USPTO) has a website that allows you to search U.S. patents texts back to 1976. You can even search their database and find images of patents from 1790 to the present. It's all free, unless you would like copies of the patents to be mailed to you.
Or, if you need to search for old patents, you can do an offline search at a Patent and Trademark Depository Library. There you can search through their extensive database or gain assistance from their reference librarians. There is at least one in every state, and the USPTO website can provide any contact information you may need.
Provisional Patents
A provisional patent is not a regular patent. It protects your future patent so no one can try to patent your invention before you get the chance to. All you need to do is submit the application and pay any fees. You must file for a regular patent in a year, though, or your provisional patent will be thrown out.
You will need to include a cover page, detailed descriptions of how to make and use your invention, exact drawings, and the fee in your application. The USPTO website provides a current fee schedule. If you are a small entity, you may wish to declare yourself as such and pay a smaller fee
All forms and information are available on the USPTO's website.
Applying for a Regular Patent
You will need to be much more precise and careful with the details on this application as opposed to the provisional one. The regular patent application will require a written description of how to use and make your invention in very precise detail. You may need to include drawings. You will also need to cover the parts of your invention you consider original or inventive in the claims. What you include here will be what is protected, so take great care when writing this. Be sure everything you want protected by the patent is covered.
A regular patent will require several fees, which vary on the type of the patent you are applying for. Refer to the USPTO website for all fees, forms, and information.
After Your Submission
Your patent will be given to an examiner who will decide if your invention can be patented or not. If your application receives a rejection, you can appeal this decision. You'll receive any information on how to do so along with your rejection. If you are granted a patent, congratulations. You can now sell licenses to companies who want to make and sell your invention, or you can start your own company and sell it yourself. Whatever you decide, always remember that you alone are responsible for enforcing your patent rights. If you suspect someone is infringing on your patent rights, you should consult a lawyer.
Obtaining a patent can be a lot of work, but it's well worth it. With a bit of patience and care, you can be on your way to protecting your invention. Good luck in your efforts. |
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