The large majority of independent inventors are now
acquiring a patent on their own. Lawyers are often extremely expensive and make
a profit regardless of if your product takes off or not. If your invention ends
up failing, you threw all that money out the window for nothing. The skills
needed to work the patent system are not “legal” skills and anyone can figure
it out with a little guidance and instruction. The process may not be as easy
as following the recipe for baking chocolate chip cookies. However, if
carefully approached one step at a time, the task is less daunting. This is a
brief look at the basic steps you should follow before obtaining a patent
application.
1. Keep a detailed record of your invention
Keep track of EVERY phase of the invention process. Describe
and illustrate every facet, every scenario, and every adjustment made on the
invention. Make sure you include how the idea popped into your head, as this is
important for building on. You may also want to create and test a prototype.
Record all of these efforts. Sign and date each entry. The patent application
is likely to go smoother if all data is in order. Make sure you receive
feedback from colleagues and friends. The more recommendations and opinions
given to you will help shape your ideas and acknowledge other viewpoints.
2. Make sure your invention will qualify for patent
protection
You cannot simply patent an idea. The inventor has to
demonstrate how the invention functions and your invention must be original. It
must be significantly different in some vital way from all previous patents. No
two patents can be alike so make sure that you check to make sure no one before
you has already come up with the idea. It also cannot be for sale or be known
by the general public before you apply for a patent.
3. Evaluate the commercial interest of your invention
Applying for a patent is a major financial decision. Even
without a patent attorney, it costs a significant amount of money to file and
acquire a patent from the USPTO. Before you put all your effort and money into
filing a patent, you should complete thorough research to assure it will have market
appeal. Look at previous inventions and consumer trends to help decide whether
it's worth the business venture or not.
4. Complete a
detailed patent search
To insure your invention is unique, you need to search all
the earlier developments linked to your invention. This involves searching
patents from the U.S. database and sometimes foreign countries, as well as
other scientific journals, to find related inventions. This will probably be
the most time consuming part of the process. This is where most professional
workers come into play. However, no one knows your inventions as well as you do
so you’re the best person for the job. Nowadays, most of the information is online,
but more research can be done at a Patent and Trademark Depository Library. When
you search, you will probably find other inventions that are comparable to
yours. You should mention this in your application. You need to prove how your
invention improves upon or is different from earlier patents.
5. File an
application with the United States Patent and Trademark Office
When you file with the USPTO, you can either file a regular
patent application or a provisional patent application. A provisional patent
application is not an actual application for the patent itself. Filing one of
these out simply allows you to claim patent pending status for the invention.
It involves less work and costs less than a regular patent application. It
basically says you claim rights to this idea. All that is required to file a
PPA is a fee, a thorough description of the invention, explaining its purpose
and how to make it, and a basic illustration. Then, you must file an RPA within
a year of filing the PPA. If you don't, you can no longer claim the PPA filing
date or you have to pay a fee to renew it. Filing an RPA starts the examination
process at the USPTO and that's what’s required for getting the actual
patent. This is where they complete a
background check of all previous inventions and make sure your idea is
different from everything else they have in the database. If they deem it a
worthy new innovation, then congratulations, your product is on its way to
being patented.
For more information visit http://www.uspto.gov
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