Think about you’ve got a real million-dollar thought. , an actual world-changer. What would you do? Throw it on Shopify and begin promoting ASAP? Bury all proof within the woods behind your home? You would possibly need to shield your mental property by getting a US patent.
The patent utility course of could be intimidating in its issues. That will help you navigate the patent course of, we’ll cowl every part it is advisable learn about learn how to patent an thought, together with how patents work, why it is best to patent an thought, and the drawbacks of the patent course of. Lastly, we’ll stroll you thru the 5 steps to safe your patent.
Desk of Contents
The Cons of Making use of for a Patent
Earlier than You Start: Rent a Specialist
Learn how to Patent an Concept
How A lot Does It Value to Patent an Concept?
Can You Patent an Concept?
To patent an thought, it’s essential to full the US patent utility course of, which incorporates proving to a registered patent agent that your thought is revolutionary or completely different sufficient that it deserves patent rights.
However, should you solely have an thought and it doesn’t meet some key standards by way of its use and originality, then you definitely received’t be capable of get a patent. The USPTO desires individuals who have some distinctive thought to guard to get a patent, not amateurs who need to make a fast buck off a half-baked idea.
For those who’re nonetheless within the “thought” part., your greatest wager is to validate your thought and be certain that there’s a marketplace for your corporation. When you’ve developed your thought into one thing extra concrete, you might be prepared for a patent.
Don’t Skip: Incorporating Your Enterprise – The Why and How of It
Why You Want a Patent
Patents shield your concepts as mental property and forestall your opponents from having the ability to take your thought and use it for revenue. Patents are awarded for novel improvements (there are 4 classes of patentable materials, which we’ll cowl later) and designed to make sure that innovators can market their improvements and innovations with out being copied.
Why do you want a patent? Contemplate the case of Elisha Grey, the inventor of an equipment that might transmit speech electrically—the phone. When Grey’s lawyer obtained to the patent workplace, he discovered that the exact same day a person named Alexander Graham Bell—who’d ultimately discovered AT&T on the again of his useful invention—had patented the identical thought.
Apply for a patent early and keep away from repeating Grey’s mistake. Doing so can shield your future enterprise, make it simpler to sooner or later promote, and even make you ongoing income by way of licensing.
The Cons of Making use of for a Patent
There are some drawbacks to making use of for a patent. The patent course of could be advanced, technical, and tedious. The prices could be excessive (tens of hundreds), and the method can take years.
Relying on how distinctive your invention is, you might or might not want a patent. You would possibly, for instance, discover that branding and glorious customer support present a stronger return on funding than submitting a utility patent.
In some instances, submitting a patent can really enhance your danger of competitors moderately than decreasing it. Within the magnificence business, manufacturers shrink back from securing patents for merchandise like anti-aging face lotions. They might be required to reveal the precise formulation of the product with a purpose to safe the patent, and most corporations see this as a higher danger than the potential reward.
In the end, it’s a choice that you’ll have to make primarily based in your business and invention or product design to find out the prices and advantages.
Alternate options to Patenting an Concept
For those who’re not able to undergo the patent course of but and need short-term protections, listed here are some alternate options to patenting an thought:
What Is a Patent?
Patents are government-granted unique rights that an organization or particular person has over a product. They allow you to revenue from and handle the best way your product is used, marketed, and offered, however just for a particular time period—typically 20 years.
After the patent interval expires, the safety ends, and the invention belongs to the “public area,” which suggests anybody can use the invention as they see match with out worrying about patent infringement.
What Patents Do
Patents shield the mental property of your thought, supplying you with immunity over opponents who might need to revenue from it as properly. When a competitor violates your mental property, you possibly can implement the suitable use of the patent.
You Can License Patents
The proprietor of a patent can license the patent to 3rd events. The proprietor may also promote the rights to the invention to a 3rd social gathering, making it the brand new proprietor of the patent with the identical advantages the unique inventor had.
Patent vs Copyright vs Trademark
Patents, copyrights, and logos are all authorized protections for various types of mental property and completely different makes use of. A patent protects an thought. A trademark refers to a reputation, emblem, or design that distinguishes a sure enterprise from one other. Copyright protects unique works of authorship, like literary, dramatic, musical, and inventive works.
If your organization has a singular course of with a singular identify that you simply need to shield, you possibly can trademark its identify so nobody can copy it. A very good instance of a trademark could be if we wished to guard the identify of our programs, or should you wished to guard the identify of your organization.
Copyrights, in the meantime, act as a patent for the humanities. If you wish to shield your software program code, then copyright might be a good suggestion. In any other case, in case you have a marketable product thought, a patent is your solely selection.
https://www.youtube.com/watch?v=amrB Sn-y4cs&t=5s
US vs. Worldwide Patents
Whereas the ideas simply defined are all just about the identical in all international locations, every one has its personal patent legal guidelines, which might fluctuate relying on the product, what can qualify for a patent, and the best way a patent is enforced.
To simplify issues, we’ll focus this text on the patent-filing course of for america. On the finish of this text, you will note some assets for different international locations.
US patents are awarded by the “United States Patent and Trademark Workplace” (USPTO). The USPTO’s purpose is to “grant patents for the safety of innovations and to register logos. It serves the pursuits of inventors and companies with respect to their innovations and company merchandise, and repair identifications.”
The 4 US Patent Sorts
There are 4 various kinds of US patents. To obtain an issued patent, your thought should qualify as one of many following.
1. Utility Patent
Utility patents could also be granted to anybody who invents or discovers a course of, product, machine, “composition of matter,” or any new and helpful enchancment thereof.
2. Design Patent
A design patent could also be granted to anybody who invents a brand new, unique, and decorative design for an article of manufacture.
3. Plant Patent
A plant patent could also be granted to anybody who invents or discovers and asexually reproduces any distinct and new plant selection.
4. Software program Patent
A software program patent could also be granted to anybody who invents a chunk of software program
On this information, we’ll stroll you thru the patent-filing course of for utility patents. For those who’re an ecommerce entrepreneur who desires to develop a brand new product, then that is the patent to file.
Learn how to File an Worldwide Patent
This information is proscribed in scope to US patents. Patent legislation in different international locations varies wildly. That will help you navigate the method, listed here are some assets for different international locations:
Earlier than You Start: Rent a Specialist
The patent course of is kind of difficult, and to finish the ultimate step, you want a lawyer. It’s advisable that you simply take into account hiring a specialist that can assist you by way of your utility patent utility. The whole patent submitting course of can overextend most individuals, and crucially, a US lawyer must file your patent utility.
Even if you’re a lawyer, until you’re skilled with patents, you should have a tough time following each process. As Michael Cohen, principal legal professional on the Los Angeles-based agency Cohen IP Regulation, says, “The really greatest [sic] option to enhance the percentages of approval is by hiring an skilled patent legal professional to organize and oversee the complete means of the patent utility.”
There are a whole lot of patent legislation consultants in each nation on the earth. Earlier than you begin working in your patent submitting process, begin researching in your space for a patent lawyer (or agency) who can assist you. Make sure you ask for some references. It would be best to communicate with different individuals who have gone by way of your course of to see how that agency helped them file their patent.
Learn extra: Your Information to Product Packaging Design and Technique
Learn how to Patent an Concept: Step-by-Step Utility Patent Directions
It takes a mean of three years to get a utility patent from the start to the top of the patent. To safe a patent, it’s essential to full the patent submitting course of, what can also be known as “patent prosecution.” The USPTO does supply expediting companies for added charges and if sure necessities are met, which might dramatically scale back the time interval to about one 12 months.
Right here’s what to anticipate from the patent course of:
- The preliminary preparation of the patent utility may take weeks and even months relying upon the complexity, who’s drafting it, and whether or not the inventor can present enough info to adequately disclose the invention.
- After it’s ready it’s then filed with america Patent and Trademark Workplace (USPTO). The precise submitting is fast and usually executed electronically, and you’ll instantly obtain a patent serial quantity which suggests the invention is “patent pending.”
- Your utility will probably be obtained by a patent examiner. This step usually takes a 12 months or extra.
As soon as it’s reviewed, the examiner routinely rejects the applying in what is named an “workplace motion.” - A response must be made by the applicant or legal professional. In any other case, the applying will turn out to be deserted.
- It’s frequent to obtain a second or third rejection (bringing the overall course of to round 3 years).
With this primary overview of the patent submitting course of, let’s undergo the precise steps you’ll have to take to get a patent in america.
Step 1: Do a Patent Search
Step one in the direction of getting a patent is to look the United States Patent and Trademark Workplace’s patent database to seek out related concepts which have already been patented. On their homepage, hover over the “Patents” button and click on on “PatFT.”
You may search the database to seek out previous and current patents. Below “Time period 1,” add a time period associated to your product.
The outcomes will seemingly convey many outcomes. It’s greatest you attempt a number of completely different phrases till you get near your thought. Since there are lots of ends in there, and plenty of received’t be associated to your product, you might need assistance from an skilled that can assist you analysis your house. Within the meantime, you possibly can open up current patents, analyzing the descriptions, and most significantly, the photographs that present the product itself.
As you carry in your analysis, pay attention to the similarities and variations between your product thought and different patents. Most definitely, you will see that innovations just like yours. If that’s the case, you’ll have to give you a very good rationalization for why your invention is healthier than, or a minimum of completely different, from those that you simply discovered.
Step 2: Select Your Patent-Submitting Course of
The patent-filing course of varies in keeping with whether or not you’re submitting for a provisional patent utility (PPA) or an everyday patent utility (RPA).
A provisional patent utility means that you can declare “patent pending” standing for the invention. By itself, such standing isn’t as efficient as having an actual patent behind your thought, however the primary profit is that it requires a lot much less work and cash than an RPA. What’s extra, the standing helps you construct credibility over your product.
The Advantages of a Common Patent Utility
Usually, you may be greatest served by placing all of your power in the direction of finishing a stable common patent utility. Michael Feigin, a patent legal professional from New Jersey-based Feigin & Fridman, strongly recommends this strategy.
“Submitting for a PPA seems like a value saving to file a provisional patent utility, however it’s normally not as a result of it means you’re submitting twice. The primary time, you’ll be submitting one thing lower than full, solely to pay your legal professional to do it a second time the appropriate approach. You possibly can simply file one patent utility which is full and full on the outset.
What’s extra, submitting a provisional tends to indicate an absence of course or seriousness. There are restricted circumstances the place they’re helpful (e.g. you need to get one thing filed earlier than you must make a public disclosure and there isn’t a lot time) however I typically don’t advocate them.”
The Advantages of a Provisional Patent Utility
An everyday patent utility, alternatively, comes with a barrage of submitting necessities, which I’ll clarify in Step 5. Some consultants advocate beginning with a provisional patent utility when you work in your common patent utility. Stephen Kay, who has patented over 20 concepts, recommends this as a result of:
- Provisional patent purposes are cheaper to file.
- You shield your thought for 12 months.
- You may take a look at the thought available in the market.
- You should have time to organize your paperwork and enhance your “pitch” to the USPTO.
To file for a provisional patent utility, it is advisable:
- Pay the patent price, which ranges from $65 for “micro-entities” to $130 for small entities to $260 for big corporations (extra info on these classes right here).
- Present an in depth description of the invention.
- Clarify learn how to use the invention/product.
- Present an off-the-cuff drawing.
Step 3: Make Positive Your Patent Concept Is Eligible
As excited as you might be about your thought, just a few varieties really qualify for a patent.
The patent statute 35 USC 101 tells us {that a} patent could be given to any “new and helpful course of, machine, manufacture, or composition of matter, or any new and helpful enchancment thereof is eligible for patent safety.”
Which means, your thought should be:
- Helpful
- Novel
- Non-obvious
Helpful
In line with US legislation, “Helpful refers back to the situation that the subject material has a helpful objective and in addition contains operativeness, that’s, a machine which won’t function to carry out the supposed objective wouldn’t be known as helpful, and subsequently wouldn’t be granted a patent. ”
In case your thought can’t show to be helpful, whether or not meaning it makes your buyer’s life simpler, quicker, cheaper, or brings any kind of tangible end result, you possibly can’t patent it.
Novel
Novel principally means nobody has ever patented earlier than. Because the statute goes:
” An invention can’t be patented if:
- The claimed invention was patented, described in a printed publication, or in public use, on sale, or in any other case accessible to the general public earlier than the efficient submitting date of the claimed invention” or
- The claimed invention was described in a patent issued or in an utility for patent revealed or deemed revealed , by which the patent or utility, because the case could also be, names one other inventor and was successfully filed earlier than the efficient submitting date of the claimed invention. “
In case your thought has existed earlier than or has been patented, you possibly can’t patent it. For instance, you couldn’t patent a cappuccino or a frappuccino as a result of, within the former case, they’ve existed for a very long time, and within the latter case, as a result of they exist already and have been patented .
Non-Apparent
Non-obvious implies that it may possibly’t be “an oral presentation at a scientific assembly, an indication at a commerce present, a lecture or speech, a press release made on a radio speak present, a YouTube
Which means you possibly can patent something that’s actual—a weblog submit or a Powerpoint presentation that mentions your thought can’t be patented. As a rule of thumb, the extra helpful, novel, and non-obvious your thought is, the upper the chance of being patentable.
Step 4: Submit the Patent Utility
A whole common patent utility (RPA) ought to include the weather listed beneath:
- A patent utility kind
- The suitable patent charges
- An utility information sheet (see 37 CFR § 1.76)
- The product’s specs
- Drawings (when crucial)
- An executed oath or declaration (extra info in right here)
Principally, you need to describe your invention and spotlight its benefits with essentially the most quantity of element you possibly can. You need to clarify how your thought fills a market want.
As you possibly can see, that features gathering and submitting loads of documentation, so you’ll want to meticulously monitor your progress and save any drawings, specs, modifications, concepts, and many others., and collect them as much as strengthen your case.
Step 5: Look forward to the Patent
After you file your utility, don’t count on a fast response from the USPTO. It could take a 12 months or longer earlier than you hear again, particularly if there are different innovations just like yours.
Once you do obtain a response, it most probably received’t be an approval. A standard purpose for denial will probably be that your thought has an excessive amount of in frequent with earlier innovations. Possibly they are going to take into account it’s not as helpful nor novel or that you simply didn’t describe it with sufficient element.
Regardless of the case, once you get a denial, your legal professional must work with you to handle the problem at hand and resubmit the patent a second (or third) time.
How A lot Does It Value to Patent an Concept?
The patent submitting charges can vary between $75 for “micro-entities,” which I discussed earlier than, to $10,000 for sure submissions. To that, it is advisable add:
- Patent search charges
- Analysis charges
- Examination
- Publish-allowances charges
An in depth USPTO’s charges checklist could be discovered right here. What’s extra, it is advisable embody your legal professional’s charges, which might shortly rise to the tens of hundreds or extra.
Total, in case you have a one-member company or one with few folks in it, you possibly can count on to pay the smaller spectrum of the charges, which might go as much as $300. However should you add all the opposite prices I’ve simply talked about, the overall prices can go as much as $5,000 or extra.
It’s laborious to say beforehand what these prices will probably be; it’s greatest you speak to individuals who have patented concepts already or speak with a patent legal professional to allow them to provide you with a greater estimation. Given these prices, an entrepreneur might wonder if it is smart to pay for such an costly process. Cohen says,
“The ROI will not be a one dimension matches all reply. In some instances, relying upon the business and the invention, the ROI of the patent could also be kind of than in others. For instance, with most startup corporations, a patent utility will probably be crucial not just for future enforcement causes, but additionally as a prerequisite for many buyers of their analysis of the worth of the invention. On the finish of the day, the choice to bear the prices of the patent needs to be significantly considered earlier than you determine to begin the submitting course of.”
Learn how to Implement Your Patent
When you’ve got discovered somebody is utilizing your product-or the thought behind it-without your consent, you can begin with a cease-and-desist letter. If the one that’s violating your patent doesn’t cease, you’ll have to open a patent infringement case. As a result of patent infringement isn’t against the law, you’ll have to begin a civil lawsuit in a federal civil courtroom.
You’ll be the “plaintiff,” and the infringer could be the “defendant.” As a plaintiff in a patent case, you’ll rent a patent litigator to symbolize you. Your patent lawyer received’t find a way that can assist you as they solely work on submitting, not imposing.
Similar to your patent submission, a patent infringement case could be prolonged and costly. The excellent news is you could make your a refund from the cash invested in creating and patenting your product.
Maintain Studying: Enterprise Logos 101 – Registering Names, Logos, and Phrases
Why Go By way of the Patent Course of?
For those who imagine the licensing of your thought is well worth the cash, or in case your buyer analysis has proven you folks desperately want your product, submitting a patent might be a good suggestion.
However, should you’re getting the patent to indicate off or get some social proof behind your model, it’s in all probability not the very best determination.
Are you enthusiastic about submitting a patent and beginning a enterprise? Discover our free coaching sequence for an all-access move to every part it is advisable begin and scale your corporation from scratch.
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